Carnegie  Endowment  for  International  Peace 

DIVISION  OF  INTERNATIONAL  LAW 


The  Hague 

Conventions  and  Declarations 

of  1899  and  1907 


accompanied  by 

Tables  of  Signatures,  Ratifications  and 

Adhesions  of  the  Various  Powers, 

and  Texts  of  Reservations 

.      EDITED  BY 

JAMES  BROWN  SCOTT 

DIRECTOR 


NEW   YORK 

OXFORD  UNIVERSITY  PRESS 

AMERICAN    BRANCH  :    35    West    32ND  STREET 

LONDON,    TORONTO,    MELBOURNE,    AND   BOMBAY 

HUMPHREY   MILFORD 

I915 


3/»^'3 


^.(iK^ 


COPYRIGHT  1915 

BY   THE 

CARNEGIE  ENDOWMENT  FOR  INTERNATIONAL   PEACE, 
WASHINGTON,  D.  C. 


•  •  *      *  .      . 


Byron  6.  Adams,  Printer, 
washington,  d.  c. 


-\ 


The  Hague 

Conventions  and  Declarations 

of  1899  and  1907 


t3  3<ij  ^  j-S 


DEPARTMENT    OF    STATE 

Washington,  December  23,  1914. 
Sir: 

1  received  your  letter  of  the  3d  instant,  requesting  that  the  Department  verify 
from  its  official  records,  the  tables  of  signatures,  ratifications,  adhesions  and 
reservations  to  the  Conventions  and  Declarations  of  the  First  and  Second  Hague 
Conferences,  v^hich  you  enclosed  and  which  you  propose  to  issue  as  a  publication 
of  the  Carnegie  EndovsTnent  for  International  Peace. 

In  reply  I  have  to  advise  you  that  such  verification  has  been  made,  and  that  the 
enclosed  tables  as  corrected  are  regarded  as  accurate  and  complete,  so  far  as  shovsTi 
by  the  archives  of  the  Department. 

It  is  desired  that  the  enclosed  corrected  tables  be  returned  to  the  Department 
for  the  completion  of  its  files,  as  soon  as  they  have  been  printed. 

I  am,  sir. 

Your  obedient  servant, 

Robert  Lansing, 

Counselor. 

Dr.  James  Brown  Scott, 

Director,  Division  of  International  Lav^^, 

Carnegie  Endowment  for  International  Peace, 
2  Jackson  Place,  Washington,  D.  C. 


ROYAL    LEGATION    OF    THE    NETHERLANDS 

Washington,  February  27,  1915. 
My  dear  Sir : 

I  have  been  instructed  by  the  Minister  of  Foreign  Affairs  at  The  Hague  to  re- 
turn to  you  the  enclosed  Pamphlet  No.  3  of  the  Division  of  International  Law  of 
the  CcUTiegie  Endowment  for  International  Peace,  and  advise  you  that  there  was 
not  a  single  correction  or  addition  to  be  made  in  its  contents. 

Mr.  Loudon  adds  that  he  should  feel  very  obliged  to  you  if  you  would  send 
him  some  more  copies  of  the  pamphlet  in  question  and  asks  me  to  hand  you  the 
enclosed  two  lists  made  up  by  the  Royal  Department  of  Foreign  Affairs  concerning 
the  Scune  subject. 


Believe  me,  dear  Mr.  Scott, 


Yours  sincerely, 

W.  L.  F.  C.  V.  Rappard. 

Minister  from  the  Netherlands. 


Mr.  James  Brown  Scott. 

Carnegie  Endowment  for  International  Peace, 
2  Jackson  Place,  Washington,  D.  C. 


CONTENTS 

PAGE 

Preface   iii 

Introduction    v 

Documents  chiefly  relating  to  the  call  of  the  Conferences xiv 

Russian  note  proposing  the  first  Conference xiv 

Russian  note  proposing  the  program  of  the  first  Conference xv 

Netherland  invitation  to  the  first  Conference xviii 

American  note  of  October  21,  1904,  regarding  the  second  Conference  xix 

American  note  of  December  16,  1904,  regarding  the  second  Conference  xxiii 

Russian  note  proposing  the  second  Conference xxv 

Russian  note  proposing  the  program  of  the  second  Conference xxvi 

Netherland  invitation  to  the  second  Conference xxix 

Protocol  regarding  adhesions  to  1899  Conventiofi  I xxix 

Proces-verbal  of  adhesions  of  Latin  American  States xxx 

The  Final  Acts  of  the  First  and  Second  Conferences 1 

Annex :  Draft  convention  on  a  judicial  arbitration  court 31 

Signatures  and  reservation    ^ — 39 

Conventions  I  of  1899  and  1907  for  the  pacific  settlement  of  inter- 
national disputes   41 

Ratifications,  adhesions  and  reservations 81 

Convention  II  of  1907  respecting  the  limitation  of  the  employment 

OF  force  for  the  recovery  of  contract  debts 89 

Ratifications,  adhesions  and  reservations 91 

-^Convention  III  of  1907  relative  to  the  opening  of  hostilities 96 

Ratifications,  adhesions  and  reservations 98 

■tU!])0NVENTI0NS  II  OF  1899  AND  IV  OF  1907  RESPECTING  THE  LAWS  AND  CUS-    - 

TOMS   OF   WAR  ON   LAND 100 

Ratifications,  adhesions  and  reservations 129 

^Convention  V  of  1907  respecting  the  rights  and  duties  of  neutral 

POWERS  and  persons  IN  CASE  OF  WAR  ON  LAND.. 133 

Ratifications,  adhesions  and  reservations 139 

Convention  VI  of  1907  relating  to  the  status  of  enemy  merchant 

SHIPS  at  the  outbreak  of  hostilities 141 

Ratifications,  adhesions  and  reservations 144 

Convention  VII  of  1907  relating  to  the  conversion  of  merchant  ships 

INTO  war-ships 146 

Ratifications,  adhesions  and  reservations 149 


ii  CONTENTS 

Page 
Convention  VIII  of  1907  relative  to  the  laying  of  automatic  sub- 
marine CONTACT   mines    151 

Ratifications,  adhesions  and  reservations 155 

Convention  IX  of  1907  concerning  bombardment  by  naval  forces  in 

time  of  war 157 

Ratifications,  adhesions  and  reservations 161 

(^  Conventions  III  of  1899  and  X  of  1907  for  the  adaptation  to  maritime 

WARFAitE  OF  THE  PRINCIPLES  OF  THE  GeNEVA  CONVENTION 163 

Ratifications,  adhesions  and  reservations 178 

""Convention  XI  of  1907  relative  to  certain  restrictions  with  regard 

TO  the  exercise  of  the  right  of  capture  in  naval  war 182 

Ratifications,  adhesions  and  reservations 186 

Convention  XII  of  1907  relative  to  the  creation  of  an  international 

PRIZE  COURT 188 

Additional  Protocol  of  1910 204 

Ratifications,  adhesions  and  reservations 208 

-  Convention  XIII  of  1907  concerning  the  rights  and  duties  of  neutral 

POWERS  IN  naval  WAR 209 

Ratifications,  adhesions  and  reservations 217 

Declarations  of  1899  and  1907  prohibiting  the  discharge  of  projec- 
tiles and  explosives  from  balloons 220 

Ratifications,  adhesions  and  reservations 222 

Declaration  of  1899  concerning  asphyxiating  gases 225 

Ratifications,  adhesions  and  reservations 226 

Declaration  of  1899  concerning  expanding  bullets 227 

Ratifications,  adhesions  and  reservations 228 

Summary  of  the  signatures,  ratifications,  adhesions  and  reserva- 
tions TO  THE  Conventions  and  Declarations  of  the  First 

Conference    229 

Tabular  statement   230-232 

Texts  of  reservations  233 

Summary  of  the  signatures,  ratifications,  adhesions  and  reserva- 
tions TO  THE  Conventions  and  Declaration  of  the  Second 

Conference    235 

Tabular  statement  236-239 

Texts  of  reservations   240 

Index  of  persons  261 

Index-digest    267 


/ 


PREFACE 

In  view  of  the  very  great  interest  at  the  present  time  in  the  Con- 
ventions and  signed  Declarations  of  the  First  and  Second  Hague  Con- 
ferences, and  because  of  the  need  of  accurate  information  as  to  ratifi- 
cations of  and  adhesions  to  the  Conventions  and  Declarations  relating 
to  war,  the  Endowment  has  prepared  a  series  of  pamphlets  in  order 
that  the  public  may  learn  from  reliable  sources  the  status  of  these 
international  agreements  and  the  extent  to  which  the  Powers  at 
war  are  bound  by  their  provisions.  The  pamphlets  have  now  been 
brought  together  and  issued  in  volume  form,  to  which  there  have  been 
added  introductory  matter  and  a  carefully  prepared  and  elaborate 
index. 

Attention  is  called  to  the  tables  of  signatures,  ratifications,  adhe- 
sions and  reservations  of  the  two  Conferences,  pages  229  et  seq.  The 
compilation  has  been  made  from  official  sources,  and  the  tables  have 
been  certified  as  correct  by  the  Department  of  State  of  the  United 
States  and  by  the  Minister  of  Foreign  Affairs  of  the  Netherlands.  In 
all  cases  the  reservations  contained  in  the  proceedings  of  the  two  Con- 
ferences, but  only  referred  to  in  the  tables  issued  by  the  International 
Bureau  of  the  Permanent  Court  of  Arbitration,  have  been  translated 
and  printed  in  full,  with  the  references  to  the  official  reports  where  the 
reservations  are  found.  Without  the  complete  text  of  a  reservation,  it 
is  impossible  to  know  to  what  extent  a  Power  is  bound. 

The  Conventions  and  signed  Declarations  of  the  two  Conferences  are 
accompanied  by  the  respective  lists  of  countries  which  have  (a)  rati- 
fied, or  (b)  adhered  to,  or  (c)  signed  hut  not  ratified  them,  with  the 
date  of  the  particular  action  taken.  Each  Convention  or  Declaration 
is  followed  also  by  the  texts  of  reservations. 

The  English  translations  of  the  original  French  texts  of  the  several 
Conventions  and  Declarations,  and  Final  Acts  of  the  Conferences  re- 
produce the  official  translations  of  the  Department  of  State,  except 
that  a  few  obvious  misprints  and  occasional  mistranslations  have  been 
corrected.    Marginal  notes  have  been  added  to  facilitate  reference. 

The  Conventions  and  Declarations  are  numbered  as  in  the  Final 
Acts. 


iv  PREFACE 

The  official  published  proceedings  of  the  First  Conference  are 
referred  to  in  the  footnotes  as  Proces-verbaux,  those  of  the  Second  as 
Actes  et  documents.  The  full  titles  of  the  publications  are  respective- 
ly: (1)  Conference  Internationale  de  la  paix.  La  Haye,  i8  mai-2p 
juillet,  i8pp.  Ministere  des  affaires  etrangeres.  Nouvelle  edition.  La 
Haye.  Martinus  Nijhoff,  igoy ;  (2)  Deuxieme  conference  interna- 
tionale  de  la  paix.  La  Haye,  ij  juin-i8  octobre,  igo"/.  Actes  et  docu- 
ments. Ministere  des  affaires  etrangeres.  La  Haye,  imprimerie  na- 
tionale,  1907. 

J.  B.  S. 

Washington,  D.  C, 
February  2j,  ipi§. 


INTRODUCTION 

In  order  that  the  reader  may  have  a  clear  idea  of  the  origin  and 
nature  of  the  Hague  Conferences,  some  remarks  of  a  general  nature 
are  prefixed,  and  some  documents  relating  to  the  call,  the  nature,  and 
the  scope  of  the  Conferences  have  been  printed  by  way  of  introduction. 

On  August  12/24,  1898,  the  Russian  Minister  of  Foreign  Affairs, 
(Count  Mouravieff,  handed  to  the  diplomatic  representatives  at  Petro- 
grad  a  circular  note  proposing  a  conference  of  the  Governments  having 
diplomatic  representatives  at  the  Imperial  Court,  to  consider  "a  possible  I 
reduction  of  the  excessive  armaments  which  weigh  upon  all  nations."  _j 
The  note  declared  the  maintenance  of  general  peace  and  the  reduction 
of  armaments  "as  the  ideal  toward  which  the  endeavors  of  all  Govern- 
ments should  be  directed,"  and  it  further  stated  the  behef  of  the  Im- 
perial Government  "that  the  present  moment  would  be  very  favorable 
for  seeking,  by  means  of  international  discussion,  the  most  effective 
means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and  lasting 
peace,  and,  above  all,  of  limiting  the  progressive  development  of  exist- 
ing armaments."^ 

The  conference,  therefore,  was  to  meet  in  the  interest  of  general 
peace  and  as  a  means  to  this  general  peace  "progressive  development 
of  existing  armaments"  was  to  be  checked,  and  a  "possible  reduction 
of  the  excessive  armaments  which  weigh  upon  all  nations"  was  to  be 
attempted.  The  note,  as  was  to  be  expected,  was  general  in  its  terms, 
as  its  purpose  was  to  state  broadly  the  purpose  of  the  conference  and 
to  secure  an  expression  of  opinion  from  the  Powers  invited. 

As  the  result  of  an  exchange  of  notes  a  second  circular  was  handed, 
December  30,  1898/January  11,  1899,  by  Count  Mouravieff  to  the 
diplomatic  representatives  at  Petrograd.  In  this  note  the  Russian  Gov- 
ernment stated,  within  the  compass  of  a  sentence,  the  Czar's  purpose 
to  be  "the  meeting  of  a  conference  with  the  object  of  seeking  the  most 
effective  means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and 
lasting  peace,  and,  above  all,  of  limiting  the  progressive  development 
of  existing  armaments."  The  second  note,  after  mentioning  "the  cordial 


^Post,  p.  xiv. 


vi  INTRODUCTION 

reception  accorded  by  nearly  all  the  Powers  to  the  step  taken  by  the 
Imperial  Government,"  sketched  a  program  for  the  conference.^ 

While  keeping  the  limitation  of  armaments  to  the  fore,  the  note 
recommended  the  adaptation  to  naval  war  of  the  stipulations  of  the 
Geneva  Convention  of  1S64,  the  revision  of  the  Declaration  of  Brus- 
sels of  1874,  dealing  with  land  warfare,  which  had  not  been  ratified, 
and,  above  and  beyond  all,  "the  acceptance,  in  principle,  of  the  use  of 
good  offices,  mediation,  and  voluntary  arbitration,  in  cases  where  they 
are  available,  with  the  purpose  of  preventing  armed  conflicts  between 
nations." 

The  Hague  was  selected  for  the  meeting  of  the  conference,  and,  at 
the  request  of  Russia,  the  Netherland  Government  issued  the  invita- 
tions to  the  Powers  accredited  to  Petrograd.^ 

The  Conference,  by  a  delicate  compliment,  assembled  on  the  Czar's 
birthday.  May  18,  1899,  and  adjourned  on  July  29,  1899.  In  all,  twenty- 
six  Governments  were  represented  in  the  Conference.  Of  American 
countries,  only  the  United  States  and  Mexico  took  part.' 

The  Conference  failed  to  effect  the  purpose  for  which  it  was  origi- 
nally called,  as  the  larger  Powers,  particularly  Germany,  were  un- 
willing to  agree  to  a  limitation,  much  less  to  a  reduction,  of  armaments ; 
but  the  Convention  for  the  pacific  settlement  of  international  disputes 
was  negotiated,  which  alone  would  have  justified  any  conference.  Not- 
\  withstanding  the  importance  of  this  Convention,  the  Conference  itself 
was  more  important  than  its  labors,  because  it  showed  the  possibility 
of  twenty-six  nations  meeting  in  conference  and  agreeing  upon  meas- 


'^Post,  p.  XV.  ^Post,  p.  xviii. 

^Brazil  was  accredited  to  Petrogad  and  was  invited.  In  a  note  of  the 
Brazilian  Government  dated  January  27,  1899,  the  following  reasons  are  given 
for  declining  the  invitation : 

"The  crises  through  which  Brazil  has  passed  in  recent  years  and  which  have 
greatly  weakened  her  are  too  well  known  to  need  more  than  mention  here; 
both  our  naval  forces  and  our  land  forces  have  been  greatly  reduced  and  our 
financial  condition  is  one  of  suffering. 

"Accordingly,  the  only  thought  of  the  new  administration  is  to  reconstitute 
our  credit,  to  develop  our  resources,  and  to  reorganize  our  military  forces  in 
order  to  preserve  peace.  This  is  why  my  Government  would  not  care  to  obligate 
itself  to  maintain  the  military  status  quo. 

"Brazil,  like  Russia  at  an  historical  moment,  is  occupying  herself  with  re- 
gaining her  strength  and  desires  to  stand  apart  when  possible  from  questions 
that  do  not  touch  her  directly.  Moreover,  in  view  of  her  great  distance  and 
her  lack  of  influence  in  the  political  affairs  of  Europe,  her  role  in  the  Conference 
would  be  of  no  importance."  [Relatorio  apresentado  ao  presidetite  da  Republica 
dos  Estados  Unidos  do  Brazil  pelo  ministro  de  estado  das  reJaqoes  exteriores, 
1899,  annex  1,  p.  74.] 


INTRODUCTION  vii 

iires  of  interest  to  the  world's  welfare.  An  idea  is  generally  greater 
than  its  realization. 

The  Conference  from  the  time  of  its  meeting  was  popularly  called  a 
Peace  Conference,  and  the  delegates  appear  to  have  accepted  this  desig- 
nation without  formal  or  official  action. 

It  had  been  expected  by  Baron  de  Staal,  the  President  of  the  Con- 
ference, that  a  new  one  would  meet  the  next  year.^  The  years  slipped 
by,  and  Russia,  which  called  the  Conference,  found  itself  at  war  with 
Japan.  The  Interparliamentary  Union,  at  its  meeting  in  St.  Louis  in 
1904,  therefore  urged  the  President  of  the  United  States  to  call  a 
second  conference.  President  Roosevelt  gladly  acceded  to  this  request 
and  sounded  the  Powers  as  to  their  willingness  to  meet  again  in  con- 
ference at  The  Hague.  This  was  done  by  a  note  of  Secretary  of  State 
Hay,  dated  October  21,  1904,  to  the  American  diplomatic  representa- 
tives accredited  to  the  Governments  signatory  to  the  Acts  of  the  First 
Hague  Conference.^ 

The  Powers  expressed  their  willingness  to  take  part  in  a  second  con- 
ference, as  is  stated  in  the  second  note  of  Secretary  Hay  of  December 
16,  1904.3 

The  termination  of  the  Russo-Japanese  War  through  the  good  offices 
of  President  Roosevelt  turned  the  Czar's  thoughts  again  to  peace  and  to 
the  Conference  which  he  had  called  into  being.  He  therefore  resumed 
the  initiative  and  himself  proposed  a  second  peace  conference  at  The 
Hague. 

The  Powers  accepted  this  invitation  and  the  program  was  drafted  by 
Russia  in  a  note  to  Secretary  of  State  Root,  dated  April  12,  1906.* 
The  Powers  were  invited  by  the  Netherland  Government  in  April, 
1907,  to  meet  at  The  Hague  on  June  15.^  The  Conference  met  as  in- 
vited and  adjourned  on  October  18,  1907. 

It  will  be  recalled  that  the  United  States  and  Mexico  were  the  only 
American  Powers  represented  at  the  first  Conference.  Brazil  had  been 
invited  but  had  declined  the  invitation.  The  United  States,  however,  was 
unwilling  to  participate  in  a  second  Conference  unless  the  other  Re- 


iHonorable  Andrew  D.  White,  first  delegate  of  the  United  States  to  the 
First  Conference  says  in  his  interesting  and  valuable  Autobiography  (vol.  ii, 
p.  272)  : 

"A  delegate  also  informed  me  that  in  talking  with  M.  de  Staal  the  latter 
declared  that  in  his  opinion  the  present  Conference  is  only  the  first  of  a  series, 
and  that  it  is  quite  likely  that  another  will  be  held  next  winter  or  next 
.spring." 

^Post,  p.  xix.    ^Post,  p.  xxiii.    *Post,  p.  xxvi.    ^Post,  p.  xxix. 


vi  INTRODUCTION 

reception  accorded  by  nearly  all  the  Powers  to  the  step  taken  by  the 
Imperial  Government,"  sketched  a  program  for  the  conference.^ 

While  keeping  the  limitation  of  armaments  to  the  fore,  the  note 
recommended  the  adaptation  to  naval  war  of  the  stipulations  of  the 
Geneva  Convention  of  1^64,  the  revision  of  the  Declaration  of  Brus- 
sels of  1874,  dealing  with  land  warfare,  which  had  not  been  ratified, 
and,  above  and  beyond  all,  "the  acceptance,  in  principle,  of  the  use  of 
good  offices,  mediation,  and  voluntary  arbitration,  in  cases  where  they 
are  available,  with  the  purpose  of  preventing  armed  conflicts  between 
nations." 

The  Hague  was  selected  for  the  meeting  of  the  conference,  and,  at 
the  request  of  Russia,  the  Netherland  Government  issued  the  invita- 
tions to  the  Powers  accredited  to  Petrograd.^ 

The  Conference,  by  a  delicate  compliment,  assembled  on  the  Czar's 
birthday,  May  18,  1899,  and  adjourned  on  July  29,  1899.  In  all,  twenty- 
six  Governments  were  represented  in  the  Conference.  Of  American 
countries,  only  the  United  States  and  Mexico  took  part.^ 

The  Conference  failed  to  effect  the  purpose  for  which  it  was  origi- 
nally called,  as  the  larger  Powers,  particularly  Germany,  were  un- 
willing to  agree  to  a  limitation,  much  less  to  a  reduction,  of  armaments  ; 
but  the  Convention  for  the  pacific  settlement  of  international  disputes 
was  negotiated,  which  alone  would  have  justified  any  conference.  Not- 
\  withstanding  the  importance  of  this  Convention,  the  Conference  itself 
•was  more  important  than  its  labors,  because  it  showed  the  possibility 
of  twenty-six  nations  meeting  in  conference  and  agreeing  upon  meas- 


^Post,  p.  XV.  ^Posf,  p.  xviii. 

^Brazil  was  accredited  to  Petrogad  and  was  invited.  In  a  note  of  the 
Brazilian  Government  dated  January  27,  1899,  the  following  reasons  are  given 
for  declining  the  invitation : 

"The  crises  through  which  Brazil  has  passed  in  recent  years  and  which  have 
greatly  weakened  her  are  too  well  known  to  need  more  than  mention  here; 
both  our  naval  forces  and  our  land  forces  have  been  greatly  reduced  and  our 
financial  condition  is  one  of  suffering. 

"Accordingly,  the  only  thought  of  the  new  administration  is  to  reconstitute 
our  credit,  to  develop  our  resources,  and  to  reorganize  our  military  forces  in 
order  to  preserve  peace.  This  is  why  my  Government  would  not  care  to  obligate 
itself  to  maintain  the  military  status  quo. 

"Brazil,  like  Russia  at  an  historical  moment,  is  occupying  herself  with  re- 
gaining her  strength  and  desires  to  stand  apart  when  possible  from  questions 
that  do  not  touch  her  directly.  Moreover,  in  view  of  her  great  distance  and 
her  lack  of  influence  in  the  political  affairs  of  Europe,  her  role  in  the  Conference 
would  be  of  no  importance."  [Relatorio  apresentado  ao  presidente  da  Republica 
dos  Estados  Unidos  do  Brasil  pelo  ministro  de  estado  das  relaqoes  exteriores, 
1899,  annex  1,  p.  74.] 


INTRODUCTION  vii 

nires  of  interest  to  the  world's  welfare.  An  idea  is  generally  greater 
than  its  realization. 

The  Conference  from  the  time  of  its  meeting  was  popularly  called  a 
Peace  Conference,  and  the  delegates  appear  to  have  accepted  this  desig- 
nation without  formal  or  official  action. 

It  had  been  expected  by  Baron  de  Staal,  the  President  of  the  Con- 
ference, that  a  new  one  would  meet  the  next  year.^  The  years  slipped 
by,  and  Russia,  which  called  the  Conference,  found  itself  at  war  with 
Japan.  The  Interparliamentary  Union,  at  its  meeting  in  St.  Louis  in 
1904,  therefore  urged  the  President  of  the  United  States  to  call  a 
second  conference.  President  Roosevelt  gladly  acceded  to  this  request 
and  sounded  the  Powers  as  to  their  willingness  to  meet  again  in  con- 
ference at  The  Hague.  This  was  done  by  a  note  of  Secretary  of  State 
Hay,  dated  October  21,  1904,  to  the  American  diplomatic  representa- 
tives accredited  to  the  Governments  signatory  to  the  Acts  of  the  First 
Hague  Conference.^ 

The  Powers  expressed  their  willingness  to  take  part  in  a  second  con- 
ference, as  is  stated  in  the  second  note  of  Secretary  Hay  of  December 
16,  1904.3 

The  termination  of  the  Russo-Japanese  War  through  the  good  offices 
of  President  Roosevelt  turned  the  Czar's  thoughts  again  to  peace  and  to 
the  Conference  which  he  had  called  into  being.  He  therefore  resumed 
the  initiative  and  himself  proposed  a  second  peace  conference  at  The 
Hague. 

The  Powers  accepted  this  invitation  and  the  program  was  drafted  by 
Russia  in  a  note  to  Secretary  of  State  Root,  dated  April  12,  1906.* 
The  Powers  were  invited  by  the  Netherland  Government  in  April, 
1907,  to  meet  at  The  Hague  on  June  15.^  The  Conference  met  as  in- 
vited and  adjourned  on  October  18,  1907. 

It  will  be  recalled  that  the  United  States  and  Mexico  were  the  only 

American  Powers  represented  at  the  first  Conference.    Brazil  had  been 

-invited  but  had  declined  the  invitation.  The  United  States,  however,  was 

unwilling  to  participate  in  a  second  Conference  unless  the  other  Re- 


iHonorable  Andrew  D.  White,  first  delegate  of  the  United  States  to  the 
First  Conference  says  in  his  interesting  and  valuable  Autobiography  (vol.  ii, 
p.  272): 

"A  delegate  also  informed  me  that  in  talking  with  M.  de  Staal  the  latter 
declared  that  in  his  opinion  the  present  Conference  is  only  the  first  of  a  series, 
and  that  it  is  quite  likely  that  another  will  be  held  next  winter  or  next 
;  spring." 

^Post,  p.  xix.    ^Post,  p.  xxiii.    *Post,  p.  xxvi.    ^Post,  p.  xxix. 


viii  INTRODUCTION 

publics  of  America  were  asked  to  attend.  It  was  advisable,  if  not 
necessary,  that  the  American  Republics  should  formally  approve  and 
agree  to  be  bound  by  the  various  Hague  agreements.  Therefore  the 
American  States  which  did  not  subscribe  to  the  three  Conventions 
signed  at  The  Hague  on  July  29,  1899,  formally  recognized  "as 
a  part  of  public  international  American  law  the  principles  set 
forth  therein."^  The  Convention  for  the  pacific  settlement  of  inter- 
national disputes  was,  however,  what  is  known  as  a  closed  Conven- 
tion ;  that  is  to  say,  it  could  be  adhered  to  by  Powers  not  participating 
in  the  First  Conference  only  by  the  consent  of  the  signatory  Powers, 
The  United  States  and  Mexico  were  authorized  on  January  15,  1902, 
by  the  Second  Pan  American  Conference,  which  met  at  Mexico,  "to 
negotiate  with  the  other  signatory  Powers  of  the  Convention  for  the 
adherence  thereto  of  the  American  nations  so  requesting  and  not  now 
signatory  to  the  said  Convention."^  Through  the  good  offices  of  the 
United  States  an  agreement  was  reached  and  a  protocol  signed  at 
The  Hague  on  June  14,  1907,  "to  enable  the  States  that  were  not  rep- 
resented at  the  First  Peace  Conference  and  were  invited  to  the  Second 
to  adhere  to  the  aforesaid  Convention."^  A  proc^s-verbal  of  adhesions 
was  drawn  up  the  next  day,  which  the  Latin  American  States  promptly 
signed.^  They  thus  became  entitled  to  the  benefits  of  this  epoch- 
making  Convention.  Likewise,  through  the  good  offices  of  the  United 
States,  due  to  the  enlightened  statesmanship  and  generous  forethought 
of  Secretary  Root,  the  Latin  American  Republics  not  invited  to  the 
First  Conference  were  invited  to  the  Second,  and,  with  the  exception 
of  Honduras,  which  unfortunately  was  in  the  throes  of  a  revolution, 
and  of  Costa  Rica,  which  did  not  send  delegates,  they  were  all  repre- 
sented and  took  part  in  the  Conference. 

The  Conventions  of  1899  were  revised  and  some  ten  new  ones 
adopted  by  the  Second  Conference.  But  important  as  these  docu- 
ments were  and  are,  the  Conference  itself  was  still  more  important. 
The  First  Conference  was  in  the  nature  of  an  experiment,  which 
showed,  however,  that  the  representatives  of  twenty-six  States  could' 
meet  and  confer  and  devise  measures  of  use  to  mankind.  The  Second 
Conference,  in  which  forty-four  States  were  represented,  demon- 
strated that  practically  all  nations  of  the  world,  recognizing  and  apply- 
ing international  law,  could  meet  together,  discuss  and  debate  matters- 


1  Senate  Document  No.  330,  57th  Cong.,  1st  sess.,  p.  37. 
^Post,  p.  xxix.  ^Post,  p.  XXX. 


INTRODUCTION  ix 

of  universal  interest,  and,  just  as  smaller  and  more  exclusive  bodies, 
reach  results  of  the  greatest  value  to  mankind.  The  Hague  Confer- 
ence thus  passed  through  the  experimental  stage  and  became  a  recog- 
nized international  institution. 

What  is  the  nature  of  this  international  institution  ?  It  is  sometimes 
called  the  Parliament  of  Man,  but  this  title  is  both  misleading  and  in- 
accurate. It  is  not  a  parliament  in  the  technical  sense,  and  its  actions 
only  affect  the  States  represented.  It  is  a  diplomatic  body  in  which 
each  State  may  be  represented  by  as  many  delegates  as  it  chooses  to- 
send,  but  its  delegates,  however  numerous,  vote  as  a  unit ;  that  is  to 
say,  each  State  has  but  a  single  vote.  Each  State  is  recognized  in 
international  law  as  the  equal  of  every  other  State  before  the  law.  No 
authority  should  be  needed  for  this  axiom,  but  as  large  States  are 
often  said  to  have  greater  rights  than  little  ones,  thus  confusing  legal 
right  with  political  influence,  the  measured  and  impressive  language 
of  Chief  Justice  Marshall  should  be  quoted  on  this  point.  In  the 
Antelope  (10  Wheaton  63,  122),  decided  by  the  Supreme  Court  of  the 
United  States  in  1825,  that  great  and  just  judge  said,  speaking  for  a 
unanimous  Court: 

No  principle  of  general  law  is  more  universally  acknowledged 
than  the  perfect  equality  of  nations.  Russia  and  Geneva  have 
equal  rights.  It  results  from  this  equality  that  no  one  can  right- 
fully impose  a  rule  on  another.  Each  legislates  for  itself,  but  its 
legislation  can  operate  on  itself  alone. 

Likewise,  on  the  point  of  equality.  Sir  William  Scott  (Lord  Stowell), 
another  great  judge  of  the  English-speaking  peoples,  had  already  said, 
in  the  Louis  (2  Dodson,  210)  : 

I  have  to  observe,  that  two  principles  of  public  law  are  gen- 
erally recognized  as  fundamental.  One  is  the  perfect  equality 
and  entire  independence  of  all  distinctive  States.  Relative  magni- 
tude creates  no  distinction  of  right;  relative  imbecility,  whether 
permanent  or  casual,  gives  no  additional  right  to  the  more  power- 
ful neighbor;  and  any  advantage  seized  upon  that  ground  is  mere 
usurpation.  This  is  the  great  foundation  of  public  law,  which  it 
mainly  concerns  the  peace  of  mankind,  both  in  their  politic  and 
private  capacities,  to  preserve  inviolate.  The  second  is,  that  all 
nations  being  equal,  all  have  an  equal  right  to  the  uninterrupted 
use  of  the  unappropriated  parts  of  the  ocean  for  their  navigation. 


X  INTRODUCTION 

It  necessarily  follows  that  no  State  is  superior  to  the  other,  as  among 
equals  there  is  not  and  can  not  be  a  superior.  Hence,  a  State  is  only 
bound  by  the  action  of  the  Conference  if  it  consents  to  it.  The  una- 
nimity rule  prevails  in  diplomatic  conferences.  Majorities  and  mi- 
norities, in  the  parliamentary  sense  of  the  word,  are  unknown. 

A  body  of  this  kind  is,  as  its  name  implies,  a  Conference.  It  is  not 
a  legislature.  Its  Conventions  are  recommendations  to  the  Govern- 
ments participating  in  the  Conference  to  adopt  them  according  to  their 
respective  laws  and  to  deposit  the  ratifications  of  them,  in  accordance 
with  the  terms  of  the  Conventions,  at  The  Hague.  The  signing  of  a 
Convention  by  the  delegates  at  The  Hague  creates  no  legal  obligation. 
As  the  delegates  act  under  instructions  it  does,  however,  create  a  moral 
obligation  to  submit  the  Conventions  and  signed  Declarations  to  the 
appropriate  branch  of  the  Government  in  order  to  be  duly  approved 
by  this  body  and  to  invest  them  with  the  force  of  law  in  so  far  as  the 
particular  country  is  concerned.  The  Conventions  and  signed  Decla- 
rations become  binding  only  after  the  ratifications  have  been  deposited 
at  The  Hague. 

It  sometimes  happens  that  a  nation  does  not  sign  a  Convention.  It 
may  later  change  its  mind.  If  the  time  is  past  for  signing  it  may,  how- 
ever, adhere  to  the  Convention,  and  the  deposit  of  the  instrument  of 
adherence  at  The  Hague,  in  accordance  with  the  terms  of  the  Con- 
vention, has  the  effect  of  ratification.  It  should  be  said  that  only  the 
formal  agreements  of  the  Conference,  such  as  the  Conventions  and 
signed  Declarations,  are  ratified.  The  informal  agreements,  such  as 
the  unsigned  declarations,  resolutions,  recommendations  and  vonix 
(a  cross  between  a  wish  and  a  hope),  are  not  signed  separately.  The 
formal  Conventions  and  signed  Declarations  are  in  the  nature  of  con- 
tracts which,  when  ratified  and  deposited  at  The  Hague,  become  bind- 
ing upon  the  ratifying  Governments.  The  informal  agreements  are 
not  contracts.  They  are  expressions  of  opinion  by  the  Conference 
and,  as  such,  have  a  moral,  though  not  a  legal,  value.  They  are  not 
issued  separately  but  are  contained  in  the  Final  Act,  which  is  an 
official  summary  of  the  proceedings  of  each  Conference.  As  such  it  is 
signed  by  the  delegates  but  not  ratified  by  the  participating  States. 

It  is  not  the  purpose  of  this  brief  note  to  comment  in  detail  upon  the 
formal  or  informal  agreements  of  the  Conferences,  as  they  speak  for 
themselves.  It  is,  however,  advisable  to  make  some  general  obser- 
vations upon  the  Conventions  and  signed  Declarations  dealing  with 


INTRODUCTION  xi 

war,  upon  the  Prize  Court  Convention,  and  upon  the  Convention  for 
the  establishment  of  a  Court  of  Arbitral  Justice. 

Most  of  the  Conventions  and  the  signed  Declarations  concerning  war 
contain  a  clause  to  the  effect  that  they  only  bind  belligerents  which  have 
ratified  them,  and  then  only  if  all  the  belligerents  are  contracting  Pow- 
ers. It  is  therefore  necessary  to  ascertain  whether  all  belligerents  have 
ratified  a  particular  Convention  before  pronouncing  it  to  be  in  effect 
as  regards  them.  It  should,  however,  be  pointed  out  that  the  failure 
of  a  belligerent  to  ratify  a  particular  Convention  only  means  that  the 
Convention  as  such  is  not  binding  upon  it;  it  does  not  and  can  not 
mean  that  the  principles  of  law  contained  in  the  Convention  may  not 
bind  the  conduct  of  the  parties.  It  is  therefore  necessary  still  further 
to  ascertain  whether  the  provisions  of  the  Convention  are  merely  a 
codification  of  international  law.  In  this  event  the  provisions  are  bind- 
ing as  international  law,  although  the  Convention  itself,  or  this  part 
of  it,  may  be  ineffective.  A  careful  examination  of  the  Conventions  of 
the  two  Conferences  will  show  that  most  of  their  provisions  are  declara- 
tory, not  amendatory,  of  international  law,  and  that  the  failure  of  one 
Power  or  of  any  number  of  Powers  to  ratify  them  is  merely  to  be  re- 
garded as  the  rejection  of  a  codified  text,  not  as  the  rejection  of  prin- 
ciples of  international  law,  which  no  Power  can  reject  without  exclud- 
ing itself  from  the  society  of  nations. 

A  word  should  be  said  about  the  Additional  Protocol  to  the  Conven- 
tion for  the  International  Prize  Court.  By  this  Convention  an  appeal 
could  be  taken  from  the  judgment  of  the  highest  court  of  a  particular 
country  to  the  Prize  Court  at  The  Hague,  a  provision  which  met  with 
some  opposition  in  the  United  States.  Secretary  Root  therefore  pro- 
posed that,  to  obviate  possible  constitution  difficulties,  the  question  at 
issue  between  the  Governments  and  decided  in  the  national  judgment 
should  be  submitted  to  the  Prize  Court  instead  of  the  judgment  of 
the  court  of  last  resort.  The  result  would  be  a  decision  upon  the 
merits  of  a  case  without  a  reversal  of  the  national  judgment.  An 
additional  protocol  modifying  the  Prize  Court  Convention  in  this  sense 
was  signed  at  The  Hague,  September  19,  1910,  by  thirteen  Powers 
and  has  since  been  signed  by  every  signatory  of  the  Prize  Court  Con- 
vention itself.  The  text  of  this  document  is  therefore  included  in  the 
collection,  as  it  is  necessary  to  a  correct  understanding  of  the  nature 
and  functions  of  the  proposed  Prize  Court. 


xii  INTRODUCTION 

Finally,  the  attention  of  the  reader  should  be  called  to  the  fact  that 
a  Draft  Convention  for  the  establishment  of  a  Permanent  Court  of 
Justice  was  adopted  by  the  Second  Conference.  Unable  to  agree  upon 
the  method  of  appointing  the  judges,  the  Conference  nevertheless  de- 
clared itself  in  favor  of  instituting  the  Court,  through  diplo- 
matic channels,  after  the  adjournment  of  the  Conference,  as  appears 
from  the  following  voeu: 

The  Conference  recommends  to  the  signatory  Powers  the  adop- 
tion of  the  annexed  Draft  Convention  for  the  creation  of  a  Judicial 
Arbitration  Court,  and  the  bringing  it  into  force  as  soon  as  an 
agreement  has  been  reached  respecting  the  selection  of  the  judges 
and  the  constitution  of  the  Court. 

Like  the  Prize  Court,  the  Court  of  Arbitral  justice  has  not  yet  been 
established,  but  there  can  be  no  doubt  that  one  or  the  other  will  be 
constituted,  or  that  a  tribunal  with  the  jurisdiction  of  both  will  be 
created  and  be  installed  at  The  Hague  at  no  distant  date. 

It  has  been  said  that  the  Hague  Conference,  from  being  an  experi- 
ment, has  become  an  institution.  In  support  of  this  statement  the 
following  passage  is  quoted  from  the  Final  Act  of  1907 : 

Finally,  the  Conference  recommends  to  the  Powers  the  assembly 
of  a  Third  Peace  Conference,  which  might  be  held  within  a  period 
corresponding  to  that  which  has  elapsed  since  the  preceding  Con- 
ference, at  a  date  to  be  fixed  by  common  agreement  between  the 
Powers,  and  it  calls  their  attention  to  the  necessity  of  preparing 
the  program  of  this  Third  Conference  a  sufficient  time  in  advance 
to  ensure  its  deliberations  being  conducted  with  the  necessar>' 
authority  and  expedition. 

Eight  years  intervened  between  the  First  and  the  Second  Confer- 
ence. The  Third  therefore  should,  in  accordance  with  this  recommen- 
dation, have  been  held  in  1915.  The  date  of  meeting,  however,  is  un- 
important, if  it  be  admitted  that  the  meeting  should  and  must  take 
place.  The  Conference  should  meet  automatically  at  regular,  stated 
periods.  It  will  doubtless  do  so,  and  when  an  international  conference 
meets  at  short  intervals  at  The  Hague  the  world  will  have  an  institu- 
tion which  can  not  only  codify  but  can  develop  international  law  to 
meet  the  needs  of  nations,  binding  all  because  made  and  accepted  by 
all,   and  adopt   measures   conceived  not   in   the  interest  of   any  one 


INTRODUCTION  xiii 

country  but  of  all  countries,  for  the  Conference  is  m  reality  a  law- 
making body. 

As  to  the  value  of  the  Hague  Conferences,  there  can  be  no  doubt. 
On  this  point  Secretary  Root  said,  in  submitting  the  Hague  Conven- 
tions of  1907  for  consideration  by  the  Senate : 

Let  me  go  beyond  the  limits  of  the  customary  formal  letter  of 
transmittal  and  say  that  I  think  the  vv^ork  of  the  Second  Hague 
Conference,  which  is  mainly  embodied  in  these  Conventions,  pre- 
sents the  greatest  advance  ever  made  at  any  single  time  toward 
the  reasonable  and  peaceful  regulation  of  international  conduct, 
unless  it  be  the  advance  made  at  the  Hague  Conference  of  1899. 

The  most  valuable  result  of  the  Conference  of  1899  was  that  it 
made  the  work  of  the  Conference  of  1907  possible.  The  achieve- 
ments of  the  two  Conferences  justify  the  belief  that  the  world  has 
entered  upon  an  orderly  process  through  which,  step  by  step,  in 
successive  Conferences,  each  taking  the  work  of  its  predecessor 
as  its  point  of  departure,  there  may  be  continual  progress  toward 
making  the  practice  of  civilized  nations  conform  to  their  peace- 
ful professions.^ 

We  must  not  expect  too  much  at  once.  The  world  moves  slowly, 
but  it  moves.  To  quote  the  graceful  language  of  the  creator  of  the 
Conference,  the  present  enlightened  Czar  Nicholas :  "One  must  wait 
longer  when  planting  an  oak  than  when  planting  a  flower." 

James  Brown  Scott, 
Director  of  the  Division  of  International  Lazv. 


1  Senate  Document  No.  444,  60th  Cong.,  1st  sess.,  p.  62. 


DOCUMENTS  CHIEFLY  RELATING  TO  THE  CALL  OF  THE 

CONFERENCES 

RUSSIAN  CIRCULAR  NOTE  PROPOSING  THE  FIRST  PEACE  CONFERENCE^ 

The  maintenance  of  general  peace  and  a  possible  reduction  of  the 
excessive  armaments  which  weigh  upon  all  nations  present  themselves^ 
in  the  existing  condition  of  the  whole  world,  as  the  ideal  towards  which 
the  endeavors  of  all  Governments  should  be  directed. 

The  humanitarian  and  magnanimous  views  of  His  Majesty  the  Em- 
peror, my  august  master,  are  in  perfect  accord  with  this  sentiment. 

In  the  conviction  that  this  lofty  aim  is  in  conformity  with  the  most 
essential  interests  and  the  legitimate  aspirations  of  all  Powers,  the 
Imperial  Government  believes  that  the  present  moment  would  be  very 
favorable  for  seeking,  by  means  of  international  discussion,  the  most 
effective  means  of  ensuring  to  all  peoples  the  benefits  of  a  real  and 
lasting  peace,  and  above  all  of  limiting  the  progressive  development  of 
existing  armaments. 

In  the  course  of  the  last  twenty  years  the  longings  for  a  general  state 
of  peace  have  become  especially  pronounced  in  the  consciences  of  civil- 
ized nations.  The  preservation  of  peace  has  been  put  forward  as  the 
object  of  international  policy.  In  its  name  great  States  have  formed 
powerful  alliances;  and  for  the  better  guaranty  of  peace  they  have 
developed  their  military  forces  to  proportions  hitherto  unknown  and 
still  continue  to  increase  them  without  hesitating  at  any  sacrifice. 

All  these  efforts  nevertheless  have  not  yet  led  to  the  beneficent  results 
of  the  desired  pacification. 

The  ever-increasing  financial  charges  strike  and  paralyze  public  pros- 
perity at  its  source ;  the  intellectual  and  physical  strength  of  the  na- 
tions, their  labor  and  capital,  are  for  the  most  part  diverted  from  their 
natural  application  and  unproductively  consumed  ;  hundreds  of  millions 
are  spent  in  acquiring  terrible  engines  of  destruction,  which  though 
to-day  regarded  as  the  last  word  of  science  are  destined  to-morrow  to 


^Handed  to  the  diplomatic  representatives  August  12/24,  1898.  by  Count 
Mouravieff,  Russian  Minister  for  Foreign  Affairs,  during  the  weekly  reception 
in  the  Foreign  Office,  Petrograd.  French  text  in  Actes  et  documents  relatifs  au 
programme  de  la  Conference  de  la  paix,  publics  d'ordre  du  Gouvernement  (The 
Hague,  1899);  British  Parliamentary  Paper,  Russia,  No.  1,  1899,  p.  1;  French 
Diplomatic  Document,  Conference  Internationale  de  la  paix,  iSqq,  p.  1.  English 
versions  in  Foreign  Relations  of  the  United  States,  1898,  p.  541 ;  Holls,  The 
Peace  Conference  at  The  Hague,  p.  8;  Scott,  The  Hague  Peace  Conferences  of 
jSgg  and  1907,  vol.  ii,  p.  1;  Moore,  Digest  of  International  Law,  vol.  7,  p.  78; 
Darby,  International  Tribunals  (4th  ed.),  p.  634;  and  the  British  Parliamentary 
Paper  above  cited. 


DIPLOMATIC  CORRESPONDENCE  xv 

lose  all  value  in  consequence  of  some  fresh  discovery  in  the  same  field. 
National  culture,  economic  progress,  and  the  production  of  wealth  are 
either  paralyzed  or  perverted  in  their  development. 

Moreover,  in  proportion  as  the  armaments  of  each  Power  increase, 
so  do  they  less  and  less  attain  the  object  aimed  at  by  the  Governments. 
Economic  crises,  due  in  great  part  to  the  system  of  amassing  arma- 
ments to  the  point  of  exhaustion,  and  the  continual  danger  which  lies  in 
this  accumulation  of  war  material,  are  transforming  the  armed  peace 
of  our  days  into  a  crushing  burden  which  the  peoples  have  more  and 
more  difficulty  in  bearing.  It  appears  evident,  then,  that  if  this  state  of 
affairs  be  prolonged,  it  will  inevitably  lead  to  the  very  cataclysm  which 
it  is  desired  to  avert,  and  the  impending  horrors  of  which  are  fearful 
to  every  human  thought. 

In  checking  these  increasing  armaments  and  in  seeking  the  means  of 
averting  the  calamities  which  threaten  the  entire  world  lies  the  supreme 
duty  to-day  resting  upon  all  States. 

Imbued  with  this  idea.  His  Majesty  has  been  pleased  to  command 
me  to  propose  to  all  the  Governments  which  have  accredited  represen- 
tatives at  the  Imperial  Court  the  holding  of  a  conference  to  consider 
this  grave  problem. 

This  conference  would  be,  by  the  help  of  God,  a  happy  presage  for 
the  century  about  to  open.  It  would  converge  into  a  single  powerful 
force  the  efforts  of  all  the  States  which  sincerely  wish  the  great  con- 
ception of  universal  peace  to  triumph  over  the  elements  of  disturbance 
and  discord.  It  would  at  the  same  time  cement  their  agreement  by  a 
solemn  avowal  of  the  principles  of  equity  and  law,  upon  which  re- 
pose the  security  of  States  and  the  welfare  of  peoples. 

Count  Mouravieff. 

St.  Petersburg,  August  12,  i8p8. 


RUSSIAN  CIRCULAR  NOTE  PROPOSING  THE  PROGRAM  OF  THE  FIRST 

CONFERENCE^ 

St.  Petersburg,  December  50,  18^8."^ 
When,  during  the  month  of  August  last,  my  august  master  com- 
manded me  to  propose  to  the  Governments  which  have  representatives 


^Handed  to  the  diplomatic  representatives  at  Petrograd,  January  11,  1899, 
by  Count  Mouravieff.  French  text  in  Actes  et  documents  rclatifs  an  programme 
de  la  Conference  de  la  paix :  British  Parliamentary  Paper,  Miscellaneous,  No.  1, 
1899,  p.  2;  French  Diplomatic  Document,  Conference  Internationale  de  la  paix, 


xvi  DIPLOMATIC  CORRESPONDENCE 

in  St.  Petersburg  the  meeting  of  a  conference  with  the  object  of  seek- 
ing the  most  effective  means  of  ensuring  to  all  peoples  the  benefits  of  a 
real  and  lasting  peace  and,  above  all,  of  limiting  the  progressive  de- 
velopment of  existing  armaments,  there  appeared  to  be  no  obstacle 
in  the  way  of  reahzation  at  no  distant  date  of  this  humanitarian  scheme. 

The  cordial  reception  accorded  by  nearly  all  the  Powers  to  the  step 
taken  by  the  Imperial  Government  could  not  fail  to  strengthen  this 
expectation.  While  highly  appreciating  the  sympathetic  terms  in  which 
the  adhesions  of  most  of  the  Powers  were  expressed,  the  Imperial 
Cabinet  has  been  also  able  to  collect,  with  lively  satisfaction,  evidence 
of  the  warmest  approval  which  has  reached  it,  and  continues  to  be  re- 
ceived, from  all  classes  of  society  in  various  parts  of  the  world. 

Notwithstanding  the  strong  current  of  opinion  which  exists  in  favor 
of  the  ideas  of  general  pacification,  the  political  horizon  has  recently 
undergone  a  decided  change.  Several  Powers  have  undertaken  fresh 
armaments,  striving  to  increase  further  their  military  forces,  and  in 
the  presence  of  this  uncertain  situation  it  might  be  asked  whether  the 
Powers  consider  the  present  moment  opportune  for  the  international 
discussion  of  the  ideas  set  forth  in  the  circular  of  August  12/24. 

In  the  hope,  however,  that  the  elements  of  trouble  agitating  political 
centers  will  soon  give  place  to  a  calmer  disposition  of  a  nature  to  favor 
the  success  of  the  proposed  conference,  the  Imperial  Government  is  of 
the  opinion  that  it  would  be  possible  to  proceed  forthwith  to  a  prelim- 
inary exchange  of  ideas  between  the  Powers,  with  the  object : 

(a)  Of  seeking  without  delay  means  for  putting  a  limit  to  the  pro- 
gressive increase  of  military  and  naval  armaments,  a  question  the  solu- 
tion of  which  becomes  evidently  more  and  more  urgent  in  view  of 
the  fresh  extension  given  to  these  armaments ;  and 

(b)  Of  preparing  the  way  for  a  discussion  of  the  questions  relating 
to  the  possibility  of  preventing  armed  conflicts  by  the  pacific  means  at 
the  disposal  of  international  diplomacy. 

In  the  event  of  the  Powers  considering  the  present  moment  favorable 
for  the  meeting  of  a  conference  on  these  bases  it  would  certainly  be 
useful  for  the  cabinets  to  come  to  an  understanding  on  the  subject  of 
the  program  of  its  work. 

The  subjects  to  be  submitted  for  international  discussion  at  the  con- 
ference could  in  general  terms,  be  summarized  as  follows : 

1899,  p.  3.  English  versions  in  Foreign  Relations  of  the  United  States,  IS9S,  p. 
551;  Holls,  op.  cit.,  p.  24;  Scott,  op.  cit.,  vol.  ii,  p.  3;  Moore,  op.  cit.,  vol.  7,  p. 
80;  Darby,  op.  cit.,  p.  638;  and  the  British  Parliamentary  Paper  above  cited. 

2 January  11,  1899,  new  style. 


PRECEDING  THE  CONFERENCES  xvii 

1.  An  understanding  stipulating  the  non-augmentation,  for  a 
term  to  be  agreed  upon,  of  the  present  effective  armed  land  and  sea 
forces,  as  well  as  the  war  budgets  pertaining  to  them ;  preliminary- 
study  of  the  ways  in  which  even  a  reduction  of  the  aforesaid  effect- 
ives and  budgets  could  be  realized  in  the  future. 

2.  Interdiction  of  the  employment  in  armies  and  fleets  of  new 
firearms  of  every  description  and  of  new  explosives,  as  well  as 
powder  more  powerful  than  the  kinds  used  at  present,  both  for 
guns  and  cannons. 

3.  Limitation  of  the  use  in  field  fighting  of  explosives  of  a  for- 
midable power,  such  as  are  now  in  use,  and  prohibition  of  the  dis- 
charge of  any  kind  of  projectile  or  explosive  from  balloons  or  by 
similar  means. 

4.  Prohibition  of  the  use  in  naval  battles  of  submarine  or  diving 
torpedo  boats,  or  of  other  engines  of  destruction  of  the  same  na- 
ture ;  agreement  not  to  construct  in  the  future  war-ships  armed 
with  rams. 

5.  Adaptation  to  naval  war  of  the  stipulations  of  the  Geneva 
Convention  of  1864,  on  the  base  of  the  additional  articles  of  1868. 

6.  Neutralization,  for  the  same  reason,  of  boats  or  launches  em- 
ployed in  the  rescue  of  the  shipwrecked  during  or  after  naval 
battles. 

7.  Revision  of  the  declaration  concerning  the  laws  and  customs 
of  war  elaborated  in  1874  by  the  Conference  of  Brussels,  and  not 
yet  ratified. 

8.  Acceptance,  in  principle,  of  the  use  of  good  offices,  mediation, 
and  voluntary  arbitration,  in  cases  where  they  are  available,  with 
the  purpose  of  preventing  armed  conflicts  between  nations ;  under- 
standing in  relation  to  their  mode  of  application  and  establishment 
of  a  uniform  practice  in  employing  them. 

It  is  well  understood  that  all  questions  concerning  the  political  re- 
lations of  States,  and  the  order  of  things  established  by  treaties,  as  in 
general  all  questions  which  do  not  directly  fall  within  the  program 
adopted  by  the  cabinets,  must  be  absolutely  excluded  from  the  delibera- 
tions of  the  conference. 

In  requesting  you,  sir,  to  be  good  enough  to  apply  to  your  Govern- 
ment for  instructions  on  the  subject  of  my  present  communication,  I 
beg  you  at  the  same  time  to  inform  it  that,  in  the  interest  of  the  great 
cause  which  my  august  master  has  so  much  at  heart,  His  Imperial 
Majesty  considers  it  advisable  that  the  conference  should  not  sit  in  the 
capital  of  one  of  the  Great  Powers,  where  are  centered  so  many  polit- 
ical interests,  which  might,  perhaps,  impede  the  progress  of  a  work  in 
which  all  countries  of  the  universe  are  equally  interested. 

I  have,  etc.. 

Count  Mouravieff. 


xviii  DIPLOMATIC  CORRESPONDENCE 

CIRCULAR  INSTRUCTION  OF  THE  NETHERLAND  MINISTER  FOR  FOREIGN 
AFFAIRS  TO  THE  DIPLOMATIC  REPRESENTATIVES  OF  THE  NETHER- 
LANDS.     INVITATION    TO   THE   CONFERENCE^ 

,,     ,.  The  Hague,  April  6,  i8go. 

MR.  Minister:  ^        y      yy 

The  Imperial  Government  of  Russia  addressed  on  August  12/24, 
1898,  to  the  diplomatic  representatives  accredited  to  the  Court  of  St. 
Petersburg  a  circular  expressing  a  desire  for  the  meeting  of  an  inter- 
national conference  which  should  be  commissioned  to  seek  the  most 
effective  means  of  ensuring  to  the  world  a  lasting  peace,  and  of  limit- 
ing the  progressive  development  of  military  armaments. 

This  proposal,  due  to  the  noble  and  generous  initiative  of  the  august 
Emperor  of  Russia,  having  met  everywhere  with  a  most  cordial  recep- 
tion, and  obtained  the  general  assent  of  the  Powers,  his  Excellency  the 
Minister  for  Foreign  Affairs  of  Russia  addressed  December  30,  1898 
(January  11,  1899)  to  the  same  diplomatic  representatives  a  second 
circular,  giving  a  more  concrete  form  to  the  generous  ideas  announced 
by  the  magnanimous  Emperor  and  indicating  certain  questions  which 
might  be  specially  submitted  for  discussion  by  the  proposed  conference. 

For  political  reasons  the  Imperial  Russian  Government  thought  that 
it  would  not  be  desirable  that  the  meeting  of  this  conference  should 
take  place  in  the  capital  of  one  of  the  great  Powers,  and  after  being 
assured  of  the  assent  of  the  Governments  interested,  it  addressed  the 
Cabinet  of  The  Hague  with  a  view  of  obtaining  its  consent  to  the  choice 
of  that  capital  as  the  seat  of  the  conference  in  question.  I  at  once  took 
the  orders  of  Her  Majesty  the  Queen  in  regard  to  this  request,  and  I 
am  happy  to  be  able  to  inform  you  that  Her  Majesty,  our  august 
sovereign,  has  been  pleased  to  authorize  me  to  reply  that  it  will  be  par- 
ticularly agreeable  to  her  to  see  the  proposed  conference  meet  at  The 
Hague. 

Consequently,  and  in  accord  with  the  Imperial  Russian  Government, 

I  have  the  honor  to  instruct  you  to  invite  the  Government  of 

to  be  good  enough  to  be  represented  at  the  above-mentioned  con- 
ference, in  order  to  discuss  the  questions  indicated  in  the  second  Rus- 
sian circular  of  December  30,  1898  (January  11.  1899),  as  well  as  all 
other  questions  connected  with  the  ideas  set  forth  in  the  circular  of 
August  12/24,  1898,  excluding,  however,  from  the  deliberations  every- 


^French  text  in  Actes  et  documents  relatifs  au  programme  de  la  Conference 
de  la  Pai.v;  British  Parliamentary  Paper.  Miscellaneous.  No.  1,  1899,  p.  7.  Eng- 
lish versions  in  Holls,  op.  cit.,  p.  32,  and  the  Parliamentary  Paper  above  cited. 


PRECEDING  THE  CONFERENCES  xix 

thing  which  refers  to  the  political  relations  of  States  or  to  the  order  of 
things  established  by  treaties. 

I  trust  that  the  Government  to  which  you  are  accredited  will  partici- 
pate in  the  great  humanitarian  work  to  be  entered  upon  under  the  aus- 
pices of  His  Majesty  the  Emperor  of  All  the  Russias,  and  that  it  will 
be  disposed  to  accept  our  invitation  and  to  take  the  necessary  steps  for 
the  presence  of  its  representatives  at  The  Hague  on  May  18,  next,  for 
the  opening  of  the  conference,  at  which  each  Power,  whatever  may  be 
the  number  of  its  delegates,  will  have  only  one  vote. 

Please  accept,  Mr.  Minister,  renewed  assurance  of  my  high  consider- 
ation. 

W.  H.  DE  Beaufort. 


the  secretary  of  state  of  the  united  states  to  the  american 
diplomatic  representatives  accredited  to  the  governments 
signatory  to  the  acts  of  the  first  hague  conference^ 

Department  of  State, 
Washington,  October  21,  1904. 

Sir  :  The  Peace  Conference  which  assembled  at  The  Hague  on 
May  18,  1899,  marked  an  epoch  in  the  history  of  nations.  Called  by 
His  Majesty  the  Emperor  of  Russia  to  discuss  the  problems  of  the 
maintenance  of  general  peace,  the  regulation  of  the  operations  of  war, 
and  the  lessening  of  the  burdens  which  preparedness  for  eventual  war 
entails  upon  modern  peoples,  its  labors  resulted  in  the  acceptance  by  the 
signatory  Powers  of  Conventions  for  the  peaceful  adjustment  of  inter- 
national difficulties  by  arbitration,  and  for  certain  humane  amend- 
ments to  the  laws  and  customs  of  war  by  land  and  sea.  A  great  work 
was  thus  accomplished  by  the  Conference,  while  other  phases  of  the 
general  subject  were  left  to  discussion  by  another  conference  in  the 
near  future,  such  as  questions  affecting  the  rights  and  duties  of 
neutrals,  the  inviolability  of  private  property  in  naval  warfare,  and  the 
bombardment  of  ports,  towns,  and  villages  by  a  naval  force. 

Among  the  movements  which  prepared  the  minds  of  Governments 
for  an  accord  in  the  direction  of  assured  peace  among  men,  a  high 
place  may  fittingly  be  given  to  that  set  on  foot  by  the  Interparlia- 
mentary Union.     From  its  origin  in  the  suggestions  of  a  member  of 


^Foreign  Relations  of  the  United  States,  1904,  p.  10. 


XX  DIPLOMATIC  CORRESPONDENCE 

the  British  House  of  Commons,  in  1888,  it  developed  until  its  member- 
ship included  large  numbers  of  delegates  from  the  parliaments  of  the 
principal  nations,  pledged  to  exert  their  influence  toward  the  conclusion 
of  treaties  of  arbitration  between  nations  and  toward  the  accomplish- 
ment of  peace.  Its  annual  conferences  have  notably  advanced  the 
high  purposes  it  sought  to  realize.  Not  only  have  many  international 
treaties  of  arbitration  been  concluded,  but,  in  the  conference  held  in 
Holland  in  1894,  the  memorable  declaration  in  favor  of  a  Permanent 
Court  of  Arbitration  was  a  forerunner  of  the  most  important  achieve- 
ment of  the  Peace  Conference  of  The  Hague  in  1899. 

The  annual  conference  of  the  Interparliamentary  Union  was  held 
this  year  at  St.  Louis,  in  appropriate  connection  with  the  world's  fair. 
Its  deliberations  were  marked  by  the  same  noble  devotion  to  the  cause 
of  peace  and  to  the  welfare  of  humanity  which  had  inspired  its  former 
meetings.  By  unanimous  vote  of  delegates,  active  or  retired  members 
of  the  American  Congress,  and  of  every  parHament  in  Europe  with 
two  exceptions,  the  following  resolution  was  adopted : 

Whereas,  enlightened  public  opinion  and  modern  civilization 
alike  demand  that  differences  between  nations  should  be  adjudi- 
cated and  settled  in  the  same  manner  as  disputes  between  indi- 
viduals are  adjudicated,  namely,  by  the  arbitrament  of  courts  in 
accordance  with  recognized  principles  of  law,  this  conference  re- 
quests the  several  Governments  of  the  world  to  send  delegates  to 
an  international  conference  to  be  held  at  a  time  and  place  to  be 
agreed  upon  by  them  for  the  purpose  of  considering : 

1.  The  questions  for  the  consideration  of  which  the  Conference 
at  The  Hague  expressed  a  wish  that  a  future  conference  be 
called. 

2.  The  negotiation  of  arbitration  treaties  between  the  nations 
represented  at  the  Conference  to  be  convened. 

3.  The  advisability  of  establishing  an  international  congress  to 
convene  periodically  for  the  discussion  of  international  questions. 

And  this  Conference  respectfully  and  cordially  requests  the 
President  of  the  United  States  to  invite  all  the  nations  to  send 
representatives  to  such  a  conference. 

On  September  24,  ultimo,  these  resolutions  were  presented  to  the 
President  by  a  numerous  deputation  of  the  Interparliamentary  Union. 
The  President  accepted  the  charge  offered  to  him,  feeling  it  to  be  most 
appropriate  that  the  Executive  of  the  nation  which  had  welcomed  the 
conference  to  its  hospitality  should  give  voice  to  its  impressive  utter- 
ances in  a  cause  which  the  American  Government  and  people  hold 


PRECEDING  THE  CONFERENCES  xxi 

dear.  He  announced  that  he  would  at  an  early  day  invite  the  other 
nations,  parties  to  the  Hague  Conventions,  to  reassemble  with  a  view 
to  pushing  forward  toward  completion  the  work  already  begun  at 
The  Hague  by  considering  the  questions  which  the  first  Conference 
had  left  unsettled  with  the  express  provision  that  there  should  be  a 
second  conference. 

In  accepting  this  trust  the  President  was  not  unmindful  of  the  fact, 
so  vividly  brought  home  to  all  the  world,  that  a  great  war  is  now  in 
progress.  He  recalled  the  circumstance  that  at  the  time  when,  on 
August  24,  1898,  His  Majesty  the  Emperor  of  Russia  sent  forth  his 
invitation  to  the  nations  to  meet  in  the  interests  of  peace  the  United 
States  and  Spain  had  merely  halted  in  their  struggle  to  devise  terms 
of  peace.  While  at  the  present  moment  no  armistice  between  the 
parties  now  contending  is  in  sight,  the  fact  of  an  existing  war  is  no 
reason  why  the  nations  should  relax  the  efforts  they  have  so  success- 
fully made  hitherto  toward  the  adoption  of  rules  of  conduct  which 
may  make  more  remote  the  chances  of  future  wars  between  them.  In 
1899  the  Conference  of  The  Hague  dealt  solely  with  the  larger  gen- 
eral problems  which  confront  all  nations,  and  assumed  no  function 
of  intervention  or  suggestion  in  the  settlement  of  the  terms  of  peace 
between  the  United  States  and  Spain.  It  might  be  the  same  with  a 
reassembled  conference  at  the  present  time.  Its  efforts  would 
naturally  lie  in  the  direction  of  further  codification  of  the  universal 
ideas  of  right  and  justice  which  we  call  international  law;  its  mission 
would  be  to  give  them  future  effect. 

The  President  directs  that  you  will  bring  the  foregoing  considera- 
tions to  the  attention  of  the  Minister  for  Foreign  Affairs  of  the  Gov- 
ernment to  which  you  are  accredited  and,  in  discreet  conference  with 
him,  ascertain  to  what  extent  that  Government  is  disposed  to  act  in 
the  matter. 

Should  his  Excellency  invite  suggestions  as  to  the  character  of  the 
questions  to  be  brought  before  the  proposed  Second  Peace  Conference, 
you  may  say  to  him  that,  at  this  time,  it  would  seem  premature  to 
couple  the  tentative  invitation  thus  extended  with  a  categorical  pro- 
gram of  subjects  of  discussion.  It  is  only  by  comparison  of  views 
that  a  general  accord  can  be  reached  as  to  the  matters  to  be  considered 
by  the  new  conference.  It  is  desirable  that  in  the  formulation  of  a 
program  the  distinction  should  be  kept  clear  between  the  matters 
which  belong  to  the  province  of  international  law  and  those  which  are 


xxii  DIPLOMATIC  CORRESPONDENCE 

conventional  as  between  individual  Governments.  The  Final  Act  of 
The  Hague  Conference,  dated  July  29,  1899,  kept  this  distinction 
clearly  in  sight.  Among  the  broader  general  questions  affecting  the 
right  and  justice  of  the  relation  of  sovereign  States  which  were  then 
relegated  to  a  future  conference  were  the  rights  and  duties  of  neutrals, 
the  inviolability  of  private  property  in  naval  warfare,  and  the  bom- 
bardment of  ports,  towns,  and  villages  by  a  naval  force.  The  other 
matters  mentioned  in  the  Final  Act  take  the  form  of  suggestions  for 
consideration  by  interested  Governments. 

The  three  points  mentioned  cover  a  large  field.  The  first,  especially, 
touching  the  rights  and  duties  of  neutrals,  is  of  universal  importance. 
Its  rightful  disposition  afifects  the  interests  and  well-being  of  all  the 
world.  The  neutral  is  something  more  than  an  onlooker.  His  acts 
of  omission  or  commission  may  have  an  influence — indirect,  but 
tangible — on  a  war  actually  in  progress ;  whilst  on  the  other  hand  he 
may  suffer  from  the  exigencies  of  the  belligerents.  It  is  this  phase  of 
warfare  which  deeply  concerns  the  world  at  large.  EflForts  have  been 
made,  time  and  again,  to  formulate  rules  of  action  applicable  to  its 
more  material  aspects,  as  in  the  declarations  of  Paris.  As  recently  as 
April  28  of  this  year  the  Congress  of  the  United  States  adopted  a 
resolution  reading  thus : 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled ,  That  it  is  the 
sense  of  the  Congress  of  the  United  States  that  it  is  desirable,  in 
the  interest  of  uniformity  of  action  by  the  maritime  States  of 
the  world  in  time  of  war,  that  the  President  endeavor  to  bring 
about  an  understanding  among  the  principal  maritime  Powers 
with  a  view  of  incorporating  into  the  permanent  law  of  civilized 
nations  the  principle  of  the  exemption  of  all  private  property  at 
sea,  not  contraband  of  war,  from  capture  or  destruction  by  bel- 
ligerents. 

Approved,  April  28,  1904. 

Other  matters  closely  affecting  the  rights  of  neutrals  are  the  distinc- 
tion to  be  made  between  absolute  and  conditional  contraband  of  war, 
and  the  inviolability  of  the  official  and  private  correspondence  of  neu- 
trals. 

As  for  the  duties  of  neutrals  toward  the  belligerent,  the  field  is 
scarcely  less  broad.    One  aspect  deserves  mention,  from  the  prominence 


PRECEDING  THE  CONFERENCES  xxiii 

it  has  acquired  during  recent  times,  namely,  the  treatment  due  to  refu- 
gee belligerent  ships  in  neutral  ports. 

It  may  also  be  desirable  to  consider  and  adopt  a  procedure  by  which 
States  non-signatory  to  the  original  Acts  of  the  Hague  Conference  may 
become  adhering  parties. 

You  will  explain  to  his  Excellency  the  Minister  of  Foreign  Affairs 
that  the  present  overture  for  a  second  conference  to  complete  the  post- 
poned work  of  the  First  Conference  is  not  designed  to  supersede  other 
calls  for  the  consideration  of  special  topics,  such  as  the  proposition  of 
the  Government  of  the  Netherlands,  recently  issued,  to  assemble  for  the 
purpose  of  amending  the  provisions  of  the  existing  Hague  Convention 
with  respect  to  hospital  ships.  Like  all  tentative  conventions,  that  one  is 
open  to  change  in  the  light  of  practical  experience,  and  the  fullest  de- 
liberation is  desirable  to  that  end. 

Finally,  you  will  state  the  President's  desire  and  hope  that  the  un- 
dying memories  which  cling  around  The  Hague  as  the  cradle  of  the 
beneficent  work  which  had  its  beginning  in  1899  may  be  strengthened 
by  holding  the  Second  Peace  Conference  in  that  historic  city. 

I  am,  sir,  etc., 

John  Hay. 


the  secretary  of  state  of  the  united  states  to  the  american 
representatives  accredited  to  the  governments  signatory  to 
the  acts  of  the  first  hague  conference^ 

Department  of  State, 
Washington,  December  i6,  1Q04. 

Sir:  By  the  circular  instruction  dated  October  21,  1904,  the  repre- 
sentatives of  the  United  States  accredited  to  the  several  Governments 
which  took  part  in  the  Peace  Conference  held  at  The  Hague  in  1899, 
and  which  joined  in  signing  the  Acts  thereof,  were  instructed  to  bring 
to  the  notice  of  those  Governments  certain  resolutions  adopted  by  the 
Interparliamentary  Union  at  its  annual  conference  held  at  St.  Louis 
in  September  last,  advocating  the  assembling  of  a  Second  Peace  Con- 
ference to  continue  the  work  of  the  First,  and  were  directed  to  ascer- 


^Foreign  Relations  of  the  United  States,  1904,  p.  13. 


xxiv  DIPLOMATIC  CORRESPONDENCE 

tain  to  what  extent  those  Governments  were  disposed  to  act  in  the 
matter. 

The  replies  so  far  received  indicate  that  the  proposition  has  been 
received  with  general  favor.  No  dissent  has  found  expression.  The 
Governments  of  Austria-Hungary,  Denmark,  France,  Germany,  Great 
Britain,  Italy,  Luxemburg,  Mexico,  the  Netherlands,  Portugal,  Rou- 
mania,  Spain,  Sweden  and  Norway,  and  Switzerland  exhibit  sympathy 
with  the  purposes  of  the  proposal,  and  generally  accept  it  in  principle, 
with  the  reservation  in  most  cases  of  future  consideration  of  the  date 
of  the  conference  and  the  program  of  subjects  for  discussion.  The 
replies  of  Japan  and  Russia  conveyed  in  like  terms  a  friendly  recog- 
nition of  the  spirit  and  purposes  of  the  invitation,  but  on  the  part  of 
Russia  the  reply  was  accompanied  by  the  statement  that  in  the  exist- 
ing condition  of  things  in  the  Far  East  it  would  not  be  practicable  for 
the  Imperial  Government,  at  this  moment,  to  take  part  in  such  a  con- 
ference. While  this  reply,  tending  as  it  does  to  cause  some  postpone- 
ment of  the  proposed  Second  Conference,  is  deeply  regretted,  the 
weight  of  the  motive  which  induces  it  is  recognized  by  this  Govern- 
ment and,  probably,  by  others.  Japan  made  the  reservation  only  that 
no  action  should  be  taken  by  the  conference  relative  to  the  present  war. 

Although  the  prospect  of  an  early  convocation  of  an  august  assembly 
of  representatives  of  the  nations  in  the  interest  of  peace  and  harmony 
among  them  is  deferred  for  the  time  being,  it  may  be  regarded  as  as- 
sured so  soon  as  the  interested  Powers  are  in  a  position  to  agree  upon 
a  date  and  place  of  meeting  and  to  join  in  the  formulation  of  a  general 
plan  for  discussion.  The  President  is  much  gratified  at  the  cordial 
reception  of  his  overtures.  He  feels  that  in  eliciting  the  common  senti- 
ment of  the  various  Governments  in  favor  of  the  principle  involved  and 
of  the  objects  sought  to  be  attained  a  notable  step  has  been  taken  to- 
ward eventual  success. 

Pending  a  definite  agreement  for  meeting  when  circumstances  shall 
permit,  it  seems  desirable  that  a  comparison  of  views  should  be  had 
among  the  participants  as  to  the  scope  and  matter  of  the  subjects  to 
be  brought  before  the  Second  Conference.  The  invitation  put  forth 
by  the  Government  of  the  United  States  did  not  attempt  to  do  more 
than  indicate  the  general  topics  which  the  Final  Act  of  the  First  Con- 
ference of  The  Hague  relegated,  as  unfinished  matters,  to  considera- 
tion by  a  future  conference — adverting,  in  connection  with  the  im- 
portant subject  of  the  inviolabiUty  of  private  property  in  naval  warfare. 


PRECEDING  THE  CONFERENCES  xxv 

to  the  like  views  expressed  by  the  Congress  of  the  United  States  in 
its  resolution  adopted  April  28,  1904,  with  the  added  suggestion  that  it 
may  be  desirable  to  consider  and  adopt  a  procedure  by  which  States 
non-signatory  to  the  original  Acts  of  the  Hague  Conference  may  be- 
come adhering  parties.  In  the  present  state  of  the  project,  this  Govern- 
ment is  still  indisposed  to  formulate  a  program.  In  view  of  the  virtual 
certainty  that  the  President's  suggestion  of  The  Hague  as  the  place  of 
meeting  of  a  Second  Peace  Conference  will  be  accepted  by  all  the  in- 
terested Powers,  and  in  view  also  of  the  fact  that  an  organized  repre- 
sentation of  the  signatories  of  the  Acts  of  1899  now  exists  at  that 
capital,  this  Government  feels  that  it  should  not  assume  the  initiative 
in  drawing  up  a  program,  nor  preside  over  the  deliberations  of  the 
signatories  in  that  regard.  It  seems  to  the  President  that  the  high  task 
he  undertook  in  seeking  to  bring  about  an  agreement  of  the  Powers  to 
meet  in  a  Second  Peace  Conference  is  virtually  accomplished  so  far 
as  it  is  appropriate  for  him  to  act,  and  that,  wuth  the  general  acceptance 
of  his  invitation  in  principle,  the  future  conduct  of  the  affair  may 
fitly  follow  its  normal  channels.  To  this  end  it  is  suggested  that  the 
further  and  necessary  interchange  of  views  between  the  signatories  of 
the  Acts  of  1899  be  effected  through  the  International  Bureau  under 
the  control  of  the  Permanent  Administrative  Council  of  The  Hague. 
It  is  believed  that  in  this  way,  by  utilizing  the  central  representative 
agency  established  and  maintained  by  the  Powers  themselves,  an  or- 
derly treatment  of  the  preliminary  consultations  may  be  insured  and 
the  way  left  clear  for  the  eventual  action  of  the  Government  of  the 
Netherlands  in  calling  a  renewed  conference  to  assemble  at  The  Hague, 
should  that  course  be  adopted. 

You  will  bring  this  communication  to  the  knowledge  of  the  Minister 
for  Foreign  Affairs  and  invite  consideration  of  the  suggestions  herein 
made.  I  am,  etc., 

John  Hay. 


MEMORANDUM  FROM  THE  RUSSIAN  EMBASSY  HANDED  TO  THE  PRESIDENT 
OF  THE  UNITED  STATES,  SEPTEMBER  13,  1905,  PROPOSING  A  SECOND 
PEACE  CONFERENCE  AT  THE  HAGUE^ 

In  view  of  the  termination,  with  the  cordial  cooperation  of  the  Presi- 
dent of  the  United  States,  of  the  war  and  of  the  conclusion  of  peace 


^Foreign  Relations  of  the  United  States,  1905,  p.  828. 


xxvi  DIPLOMATIC  CORRESPONDENCE 

between  Russia  and  Japan,  His  Majesty  the  Emperor,  as  initiator  of 
the  International  Peace  Conference  of  1899,  holds  that  a  favorable 
moment  has  now  come  for  the  further  development  and  for  the  sys- 
tematizing of  the  labors  of  that  international  conference.  With  this 
end  in  view  and  being  assured  in  advance  of  the  sympathy  of  Presi- 
dent Roosevelt,  who  has  already,  last  year,  pronounced  himself  in 
favor  of  such  a  project,  His  Majesty  desires  to  approach  him  with  a 
proposal  to  the  effect  that  the  Government  of  the  United  States  take 
part  in  a  new  international  conference  which  could  be  called  together 
at  The  Hague  as  soon  as  favorable  replies  could  be  secured  from  all  the 
other  States  to  which  a  similar  proposal  will  be  made.  As  the  course  of 
the  late  war  has  given  rise  to  a  number  of  questions  which  are  of  the 
greatest  importance  and  closely  related  to  the  Acts  of  the  First  Confer- 
ence, the  plenipotentiaries  of  Russia  at  the  future  meeting  will  lay  be- 
fore the  conference  a  detailed  program  which  could  serve  as  a  starting 
point  for  its  deliberations. 


the  russian  ambassador  to  the  secretary  of  state  proposing  the 
program  of  the  second  conference^ 

Imperial  Embassy  of  Russia, 
Washington,  April  12,  ipo6. 

Mr.  Secretary  of  State:  When  it  assumed  the  initiative  of  caUing 
a  Second  Peace  Conference,  the  Imperial  Government  had  in  view  the 
necessity  of  further  developing  the  humanitarian  principles  on  which 
was  based  the  work  accomplished  by  the  great  international  assem- 
blage of  1899. 

At  the  same  time,  it  deemed  it  expedient  to  enlarge  as  much  as  pos- 
sible the  number  of  States  participating  in  the  labors  of  the  contem- 
plated conference,  and  the  alacrity  with  which  the  call  was  answered 
bears  witness  to  the  depth  and  breadth  of  the  present  sentiment  of 
solidarity  for  the  application  of  ideas  aiming  at  the  good  of  all 
mankind. 

The  First  Conference  separated  in  the  firm  belief  that  its  labors 
would  subsequently  be  perfected  from  the  effect  of  the  regular  progress 
of  enlightment  among  the  nations  and  abreast  of  the  results  acquired 
from  experience.    Its  most  important  creation,  the  International  Court 


'^Foreign  Relations  of  the  United  States,  1906,  vol.  ii,  p.  1629. 


PRECEDING  THE  CONFERENCES  xxvii 

of  Arbitration,  is  an  institution  that  has  already  proved  its  worth  and 
brought  together,  for  the  good  of  all,  an  areopagus  of  jurists  who 
command  the  respect  of  the  world.  How  much  good  could  be  accom- 
plished by  international  commissions  of  inquiry  toward  the  settlement 
of  disputes  between  States  has  also  been  shown. 

There  are,  however,  certain  improvements  to  be  made  in  the  Con- 
vention relative  to  the  pacific  settlement  of  international  disputes.  Fol- 
lowing recent  arbitrations,  the  jurists  assembled  in  court  have  raised 
certain  questions  of  details  which  should  be  acted  upon  by  adding  to 
the  said  Convention  the  necessary  amplifications.  It  would  seem  es- 
pecially desirable  to  lay  down  fixed  principles  in  regard  to  the  use  of 
languages  in  the  proceedings  in  view  of  the  difficulties  that  may  arise  in 
the  future  as  the  cases  referred  to  arbitral  jurisdiction  multiply.  The 
modus  operandi  of  international  commissions  of  inquiry  would  likewise 
be  open  to  improvement. 

As  regards  the  regulating  of  the  laws  and  customs  of  war  on  land, 
the  provisions  established  by  the  First  Conference  ought  also  to  be 
completed  and  defined,  so  as  to  remove  all  misapprehensions. 

As  for  maritime  warfare,  in  regard  to  which  the  laws  and  customs 
of  the  several  countries  differ  on  certain  points,  it  is  necessary  to  es- 
tablish fixed  rules  in  keeping  with  the  exigencies  of  the  rights  of  bel- 
ligerents and  the  interests  of  neutrals. 

A  convention  bearing  on  these  subjects  should  be  framed  and  would 
constitute  one  of  the  most  prominent  parts  of  the  tasks  devolved  upon 
the  forthcoming  conference. 

Holding,  therefore,  that  there  is  at  present  occasion  only  to  examine 
questions  that  demand  special  attention  as  being  the  outcome  of  the 
experience  of  recent  years,  without  touching  upon  those  that  might 
have  reference  to  the  limitation  of  military  or  naval  forces,  the  Im- 
perial Government  proposes  for  the  program  of  the  contemplated  meet- 
ing the  following  main  points : 

1.  Improvements  to  be  made  in  the  provisions  of  the  Conven- 
tion relative  to  the  pacific  settlement  of  international  disputes  as 
regards  the  Court  of  Arbitration  and  the  international  commissions 
of  inquiry. 

2.  Additions  to  be  made  to  the  provisions  of  the  Convention  of 
1899  relative  to  the  laws  and  customs  of  war  on  land — among 
others,  those  concerning  the  opening  of  hostilities,  the  rights  of 
neutrals  on  land,  etc.  Declarations  of  1899:  one  of  these  having 
expired,  question  of  its  being  revived. 


xxviii  DIPLOMATIC  CORRESPONDENCE 

3.  Framing  of  a  convention  relative  to  the  laws  and  customs  of 
maritime  warfare,  concerning — 

The  special  operations  of  maritime  warfare,  such  as  the  bom- 
bardment of  ports,  cities,  and  villages  by  a  naval  force;  the  lay- 
ing of  torpedoes,  etc.  ; 

The  transformation  of  merchant  vessels  into  war-ships ; 

The  private  property  of  belligerents  at  sea ; 

The  length  of  time  to  be  granted  to  merchant  ships  for  their 
departure  from  ports  of  neutrals  or  of  the  enemy  after  the  opening 
of  hostilities ; 

The  rights  and  duties  of  neutrals  at  sea,  among  others,  the  ques- 
tions of  contraband,  the  rules  applicable  to  belligerent  vessels  in 
neutral  ports;  destruction,  in  case  of  vis  major,  of  neutral  mer- 
chant vessels  captured  as  prizes  ; 

In  the  said  convention  to  be  drafted,  there  would  be  introduced 
the  provisions  relative  to  war  on  land  that  would  be  also  applicable 
to  maritime  warfare. 

4.  Additions  to  be  made  to  the  Convention  of  1899  for  the  adap- 
tation to  maritime  warfare  of  the  principles  of  the  Geneva  Con- 
vention of  1864. 

As  was  the  case  at  the  Conference  of  1899,  it  would  be  well  under- 
stood that  the  deliberations  of  the  contemplated  meeting  should  not 
deal  with  the  political  relations  of  the  several  States,  or  the  condition 
of  things  established  by  treaties,  or  in  general  with  questions  that  did 
not  directly  come  within  the  program  adopted  by  the  several  cabinets. 

The  Imperial  Government  desires  distinctly  to  state  that  the  data  of 
this  program  and  the  eventual  acceptance  of  the  several  States  clearly 
do  not  prejudge  the  opinion  that  may  be  delivered  in  the  conference  in 
regard  to  the  solving  of  the  questions  brought  up  for  discussion.  It 
would  likewise  be  for  the  contemplated  meeting  to  decide  as  to  the  order 
of  the  questions  to  be  examined  and  the  form  to  be  given  to  the  deci- 
sions reached  as  to  whether  it  should  be  deemed  preferable  to  include 
some  of  them  in  new  conventions  or  to  append  them,  as  additions,  to 
conventions  already  existing. 

In  formulating  the  above-mentioned  program,  the  Imperial  Govern- 
ment bore  in  mind,  as  far  as  possible,  the  recommendations  made  by 
the  First  Peace  Conference,  with  special  regard  to  the  rights  and  duties 
of  neutrals,  the  private  property  of  belligerents  at  sea,  the  bombard- 
ment of  ports,  cities,  etc.  It  entertains  the  hope  that  the  Government 
of  the  United  States  will  take  the  whole  of  the  points  proposed  as  the 
expression  of  a  wish  to  come  nearer  that  lofty  ideal  of  international 
justice  that  is  the  permanent  goal  of  the  whole  civilized  world. 


PRECEDING  THE  CONFERENCES  xxix 

By  order  of  my  Government,  I  have  the  honor  to  acquaint  you  with 
the  foregoing,  and  awaiting  the  reply  of  the  Government  of  the  United 
States  with  as  httle  delay  as  possible,  I  embrace  this  opportunity  to 
beg  you,  Mr.  Secretary  of  State,  to  accept  the  assurance  of  my  very 
high  consideration. 

Rosen. 


netherland  invitation  to  the  second  hague  conference^ 

Royal  Legation  of  the  Netherlands, 
Washington,  D.  C.,  April  lo,  1907. 

Mr.  Secretary  of  State:  I  have  the  honor  to  bring  to  your  Ex- 
cellency's knowledge  that,  according  to  a  communication  I  have  just 
received  from  the  Minister  of  Foreign  Affairs,  the  meeting  of  the  Peace 
Conference  at  The  Hague  has  been  fixed  for  the  15th  of  June  next. 

I  am  at  the  same  time  instructed  by  the  Government  of  the  Queen  to 
invite  the  Government  of  the  United  States  to  be  pleased  to  send  dele- 
gates thereto. 

Hereby  carrying  out  my  orders,  I  embrace  this  opportunity  to  renew 
to  you,  Mr.  Secretary,  the  assurances  of  my  highest  consideration. 

Van  Swinderen. 


protocol  regarding  adhesions  to  the  1899    convention  for  the 
pacific  settlement  of  international  disputes^ 

The  Powers  which  have  ratified  the  Convention  for  the  pacific  settle- 
ment of  international  disputes,  signed  at  The  Hague  on  July  29,  1899, 
desiring  to  enable  the  States  that  were  not  represented  at  the  First 
Peace  Conference  and  were  invited  to  the  Second  to  adhere  to  the 
aforesaid  Convention,  the  undersigned  delegates  or  diplomatic  repre- 
sentatives of  the  above-mentioned  Powers,  viz. : 

Germany,  Austria-Hungary,  Belgium,  Bulgaria,  China,  Denmark, 
Spain,  the  United  States  of  America,  the  United  States  of  Mexico, 
France,  Great  Britain,  Greece,  Italy,  Japan,  Luxemburg,  Montenegro, 
Norway,  the  Netherlands,  Persia,  Portugal,  Roumania,  Russia,  Servia, 


^MS.  Department  of  State. 

2De  Martens,  Nouveau  Recueil  Generate  de  Traites,  3d  Series,  vol.  ii,  p.  4. 
See  post,  p.  79,  Article  60. 


XXX  DIPLOMATIC  CORRESPONDENCE 

Siam,  Sweden,  Switzerland,  and  Turkey,  duly  authorized  to  that  effect, 
have  agreed  that  there  shall  be  opened  by  the  Minister  of  Foreign  Af- 
fairs of  the  Netherlands,  a  proces-verbal  of  adhesions,  that  shall  serve 
to  receive  and  record  the  said  adhesions,  which  shall  immediately  go 
into  effect.  In  witness  whereof  the  present  protocol  was  drawn  up,  in 
a  single  copy,  which  shall  remain  in  deposit  in  the  archives  of  the  Min- 
istry of  Foreign  Affairs  of  the  Netherlands  and  of  which  an  authenti- 
cated copy  shall  be  transmitted  to  each  one  of  the  signatory  Powers. 

Done  at  The  Hague,  June  14,  1907. 

[Here  follow  signatures.] 


PROCES-VERBAL  OF  ADHESION^ 

There  was  signed  in  this  city  on  June  14,  1907,  a  protocol  estab- 
lishing, in  respect  to  the  Powers  unrepresented  at  the  First  Peace  Con- 
ference which  have  been  invited  to  the  Second,  the  mode  of  adhesion 
to  the  Convention  for  the  peaceful  settlement  of  international  disputes, 
signed  at  The  Hague,  July  29,  1899. 

Pursuant  to  the  said  protocol,  the  undersigned.  Minister  of  Foreign 
Affairs  for  Her  Majesty  the  Queen  of  the  Netherlands,  on  this  day 
opened  the  present  proces-verbal  intended  to  receive  and  furthermore 
to  record,  as  they  may  be  presented,  the  adhesions  of  the  aforesaid 
Convention. 

Done  at  The  Hague,  on  June  15,  1907,  in  a  single  copy,  which  shall 
remain  in  deposit  in  the  archives  of  the  Ministry  of  Foreign  Affairs  of 
the  Netherlands,  and  of  which  a  duly  certified  copy  shall  be  transmitted 
to  each  of  the  signatory  Powers. 

Van  Tets  van  Goudriaan  ' 

Successively  adhered:  Argentine  Republic,  Brazil,  Bolivia,  Chile, 
Colombia,  Cuba,  Guatemala,  Haiti,  Nicaragua,  Panama,  Paraguay, 
Peru,  Dominican  Republic,  Venezuela,  Uruguay,  Salvador  and 
Ecuador. 


^De  Martens,  3d  Series,  vol.  ii,  p.  6. 


THE    FINAL   ACTS   OF   THE    FIRST  AND   SECOND  HAGUE  PEACE 

CONFERENCES,  TOGETHER  WITH  THE  DRAFT  CONVENTION 

ON  A  JUDICIAL  ARBITRATION  COURT 

1899  1907 

Final  Act  of  the  International  Final  Act  of  the  Second  Inter- 
Peace  Conference. — Signed  at  national  Peace  Conference. — 
The  Hague,  July  29,  1899.  Signed  at  The  Hague,  October 

18,  1907. 

The  International  Peace  Con-  The  Second  International  Peace  Convocation, 
ference,  convoked  in  the  best  in-  Conference,  proposed  in  the  first 
terests  of  humanity  by  His  Majes-  instance  by  the  President  of  the 
ty  the  Emperor  of  All  the  Russias,  United  States  of  America,  having 
assembled,  on  the  invitation  of  the  been  convoked,  on  the  invitation 
Government  of  Her  Majesty  the  of  His  Majesty  the  Emperor  of 
Queen  of  the  Netherlands,  in  the  All  the  Russias,  by  Her  Majesty 
Royal  House  in  the  Wood  at  The  the  Queen  of  the  Netherlands,  as- 
Hague  on  the  18th  May,  1899.         sembled  on  the  15th  June,  1907, 

at  The  Hague,  in  the  Hall  of  the 
Knights,  for  the  purpose  of  giving 
a   fresh   development  to  the  hu- 
manitarian      principles       which 
served  as  a  basis  for  the  work  of 
the  First  Conference  of  1899. 
The  Powers  enumerated  in  the         The  following  Powers  took  part  Delegates, 
following  list  took  part  in  the  Con-     in  the  Conference,  and  appointed 
ference,  to  which  they  appointed     the  delegates  named  below : 
the  delegates  named  below : 

For  Germany:  Germany:  Germany. 

His  Excellency  Count  de  Miin-         His    Excellency    Baron    Mar- 
ster,  German  Ambassador  at  schall  de  Bieberstein,  Minis- 

Paris,     delegate     plenipoten-  ter  of  State,  Imperial  Ambas- 

tiary;  sador  at  Constantinople,  first 

The  Baron  de  Stengel,  profes-  delegate  plenipotentiary; 

sor  at  the  University  of  Mu-         Mr.  Kriege,  Imperial  Envoy  on 
nich,  second  delegate ;  Extraordinary  Mission  at  the 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

Dr.  Zorn,  Judicial  Privy  Coun- 
cilor, professor  at  the  Uni- 
versity of  Konigsberg,  scien- 
tific delegate; 

Colonel  de  Gross  de  Schwarz- 
hoff.  Commandant  of  the  5th 
Regiment  of  Infantry,  No. 
94,  technical  delegate ; 

Captain  Siegel,  Naval  Attache 
to  the  Imperial  Embassy  at 
Paris,  technical  delegate. 


1907 
present  Conference,  Privy 
Councilor  of  Legation  and 
Legal  Adviser  to  the  Minis- 
try for  Foreign  Affairs,  mem- 
ber of  the  Permanent  Court 
of  Arbitration,  second  dele- 
gate plenipotentiary ; 

Rear-Admiral  Siegel,  Naval  At- 
tache to  the  Imperial  Embas- 
sy at  Paris,  naval  delegate ; 

Major  General  de  Giindell, 
Quartermaster  General  of 
the  General  Staff  of  the 
Royal  Prussian  Army,  mili- 
tary delegate; 

Mr.  Zorn,  professor  to  the  Fac- 
ulty of  Law  at  the  University 
of  Bonn,  Judicial  Privy 
Councilor,  member  of  the 
Prussian  Upper  Chamber, 
and  Crown  Syndic,  scientific 
delegate ; 

Mr.  Goppert,  Counselor  of  Le- 
gation and  Counselor  attached 
to  the  Department  for  For- 
eign Affairs,  assistant  dele- 
gate; 

Mr.       Retzmann,       Lieutenant 
Commander    on    the    Naval 
General  Staff,  assistant  naval 
delegate. 
The  United  States  of  America: 

His  Excellency  Mr.  Joseph  H. 
Choate,     ex-Ambassador     at 
London,      Ambassador     Ex- 
traordinary, delegate  plenipo- 
tentiary ; 

iThe  order  of  the  countries  in  the  original  of  the  1899  Final  Act  has  been 
here  departed  from  in  a  few  instances  (United  States,  Mexico  and  Bulgaria) 
for  the  purpose  of  presenting  each  country's  respective  delegations  to  the  1899 
and  1907  Conferences  in  juxtaposition. 


United  States.       For  the  United  States  o  f  America  :^ 
His  Excellency  Mr.  Andrew  D. 
White,  United  States  Ambas- 
sador at  Berlin,  delegate  plen- 
ipotentiary ; 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

The  Honorable  Seth  Low,  pres- 
ident of  the  Colombia  Uni- 
versity at  New  York,  delegate 
plenipotentiary ; 

Mr.  Stanford  Newel,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The 
Hague,  delegate  plenipoten- 
tiary; 

Captain  Alfred  T.  Mahan,  Uni- 
ted States  Navy,  delegate 
plenipotentiary ; 

Mr.  William  Crozier,  Captain 
of  Artillery,  delegate  plenipo- 
tentiary ; 

Mr.  Frederick  W.  Holls,  advo- 
cate at  New  York,  delegate 
and  secretary  to  the  delega- 
tion. 


1907 

His  Excellency  Mr.  Horace 
Porter,  ex-Ambassador  at 
Paris,  Ambassador  Extraor- 
dinary, delegate  plenipoten- 
tiary; 

His  Excellency  Mr.  Uriah  M. 
Rose,  Ambassador  Extraor- 
dinary, delegate  plenipoten- 
tiary; 

His  Excellency  Mr.  David 
Jayne  Hill,  ex-Assistant  Sec- 
retary of  State,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

Rear-Admiral  Charles  S.  Sper- 
ry,  ex-president  of  the  Naval 
War  College,  Minister  Pleni- 
potentiary, delegate  plenipo- 
tentiary ; 

Brigadier  General  George  B. 
Davis,  Judge  Advocate  Gen- 
eral of  the  United  States 
Army,  Minister  Plenipoten- 
tiary, delegate  plenipoten- 
tiary ; 

Mr.  William  I.  Buchanan,  ex- 
Minister  at  Buenos  Aires, 
ex-Minister  at  Panama,  Min- 
ister Plenipotentiary,  delegate 
plenipotentiary ; 

Mr.  James  Brown  Scott,  Solici- 
tor for  the  Department  of 
State,  technical  delegate; 

Mr.  Charles  Henry  Butler,  Re- 
porter of  the  Supreme  Court, 
technical  delegate. 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Argentine 
Republic. 


Austria- 
Hungary. 


For  Austria-Hungary : 

His  Excellency  Count  R.  VVel- 
sersheimb,  Ambassador  Ex- 
traordinary and  Plenipoten- 
tiary, first  delegate,  plenipo- 
tiary ; 

Mr.  Alexandre  Okolicsanyi 
d'Okolicsna,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  The  Hague,  sec- 


1907 
The  Argentine  Republic : 

His  Excellency  Mr.  Roque 
Saenz  Pena,  ex-Minister  for 
Foreign  Affairs,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Rome, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  Luis  M. 
Drago,  ex-Minister  for  For- 
eign Affairs,  deputy  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Carlos 
Rodriguez  Larreta,  ex-Minis- 
ter for  Foreign  Affairs, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate plenipotentiary ; 

General  Francisco  Reynolds, 
Military  Attache  at  Berlin, 
technical  delegate ; 

Captain   Juan   A.    Martin,   ex- 
Minister    of    Marine,    Naval 
Attache  at  London,  technical 
delegate. 
Austria-Hungary : 

His  Excellency  Mr.  Gaetan 
Merey  de  Kapos-Mere,  Privy 
Councilor  of  His  Imperial 
and  Royal  Apostolic  Majesty, 
Ambassador  Extraordinary 
and  Plenipotentiary,  first  del- 
egate plenipotentiary; 

His  Excellency  Baron  Charles 
de  Macchio,  Envoy  Extraor- 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

ond  delegate,  plenipotentiary ; 

Mr.  Gaetan  Merey  de  Kapos- 
Mere,  Counselor  of  Embassy 
and  Chief  of  Cabinet  of  the 
Minister  for  Foreign  Affairs, 
assistant  delegate; 

Mr.  Henri  Lammasch,  profes- 
sor at  the  University  of  Vi- 
enna, assistant  delegate; 

Mr.  Victor  de  Khuepach  zu 
Ried,  Zinimerlehen  and  Hasl- 
burg,  Lieutenant  Colonel  on 
the  General  Staff,  assistant 
delegate ; 

Count  Stanislas  Soltyk,  Captain 
of  Corvette,  assistant  dele- 
gate. 


For  Belgium: 

His  Excellency  Mr.  Auguste 
Beemaert,  Minister  of  State, 
President  of  the  Chamber  of 
Representatives,  delegate 

plenipotentiary ; 


1907 

dinary  and  Minister  Pleni- 
potentiary at  Athens,  second 
delegate  plenipotentiary ; 

Mr.  Henri  Lammasch,  profes- 
sor at  the  University  of  Vi- 
enna, Aulic  Councilor,  mem- 
ber of  the  Austrian  Upper 
Chamber  of  the  Reichsrath, 
member  of  the  Permanent 
Court  of  Arbitration,  scien- 
tific delegate; 

Mr.  Antoine  Haus,  Rear-Ad- 
miral, naval  delegate; 

Baron  Wladimir,  Giesl  de 
Gieslingen,  Major  General, 
Military  Plenipotentiary  at 
the  Imperial  and  Royal  Em- 
bassy at  Constantinople  and 
at  the  Imperial  and  Royal 
Legation  at  Athens,  military 
delegate ; 

The  Chevalier  Othon  de  Weil, 
Aulic  and  Ministerial  Coun- 
cilor at  the  Ministry  of  the 
Imperial  and  Royal  House- 
hold and  of  Foreign  Affairs, 
delegate ; 

Mr.  Jules  Szilassy  de  Szilas  et 
Pilis,  Counselor  of  Legation, 
delegate ; 

Mr.  Emile  Konek  de  Norwall, 
Naval  Lieutenant  of  the  First 
Class,  delegate  attached. 

Belgium :  Belgium. 

His  Excellency  Mr.  A,  Beer- 
naert,  Minister  of  State, 
member  of  the  Chamber  of 
Representatives,  member  of 
the  Institute  of  France  and 


6 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

The  Count  de  Greile  Rogier, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
The  Hague,  delegate  plenipo- 
tentiary ; 

The  Chevalier  Descamps,  Sena- 
tor, delegate  plenipotentiary. 


Bolivia. 


Brazil. 


1907 
of  the  Royal  Academies  of 
Belgium  and  Roumania,  hon- 
orary member  of  the  Insti- 
tute   of    International    Law, 
member    of    the    Permanent 
Court   of    Arbitration,    dele- 
gate plenipotentiary ; 
His  Excellency  Mr.  J.  van  den 
Heuvel,    Minister    of    State, 
ex-Minister  of  Justice,  dele- 
gate plenipotentiary ; 
His    Excellency     Baron    Guil- 
laume,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  The  Hague,  member  of  the 
Royal  Academy   of   Rouma- 
nia, delegate  plenipotentiary. 
Bolivia : 

His  Excellency  Mr.  Claudio 
Pinilla,  Minister  for  Foreign 
Affairs,  member  of  the  Per- 
manent Court  of  Arbitration, 
delegate  plenipotentiary ; 
His  Excellency  Mr.  Fernando 
E.  Guachalla,  Minister  Pleni- 
potentiary at  London,  dele- 
gate plenipotentiary. 
Brazil : 

His  Excellency  Mr.  Ruy  Bar- 
bosa.  Ambassador  Extraor- 
dinary and  Plenipotentiary, 
Vice-President  of  the  Senate, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate plenipotentiary ; 
His  Excellency  Mr.  Eduardo  F. 
S.  dos  Santos  Lisboa,  Envoy 
Extraordinary   and    Minister 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


For  Bulgaria  •} 

Dr.  Dimitri  I.  Standoff,  Diplo- 
matic Agent  at  St.  Peters- 
burg, first  delegate,  plenipo- 
tentiary ; 
Major  Christo  Hessaptchieff, 
Military  Attache  at  Belgrade, 
second  delegate,  plenipoten- 
tiary. 


1907 

Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

Colonel  Roberto  Trompowsky 
Leitao  de  Almeida,  Military 
Attache  at  The  Hague,  tech- 
nical delegate ; 

Commander    Tancredo    Burla- 
maqui    de    Moura,    technical 
delegate. 
Bulgaria : 

Major  General  on  the  Staff 
Vrban  Vinaroff,  General  d  la 
suite,  first  delegate  plenipo- 
tentiary ; 

Mr.  Ivan  Karandjouloff,  Pro- 
cureur-General  of  the  Court 
of  Cassation,  second  delegate 
plenipotentiary ; 

Commander  S.  Dimitrieff,  Chief 
of  the  Staff  of  the  Bulgarian 
Flotilla,  delegate. 
Chile : 

His  Excellency  Mr.  Domingo 
Gana,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  London,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Augusto 
Matte,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Berlin,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Carlos 
Concha,  ex-Minister  of  War, 
ex-President  of  the  Chamber 
of  Deputies,  ex-Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary     at     Buenos 


Bulgaria. 


Chile. 


iSee  footnote  on  p.  2. 


8 


THE  FINAL  ACTS  OF  1899  AND  1907 


China. 


1899 


For  China: 

Mr.  Yang  Yii,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  St.  Petersburg, 
first  delegate,  plenipotentiary ; 

Mr.  Lou-Tseng-Tsiang,  second 
delegate ; 

Mr.  Hoo-Wei-Teh,  second  dele- 
gate; 

Mr,  Ho- Yen-Cheng,  Counselor 
of  Legation,  assistant  dele- 
gate. 


Colombia. 


1907 

Aires,     delegate     plenipoten- 
tiary. 
China : 

His  Excellency  Mr.  Lou-Tseng- 
Tsiang,  Ambassador  Extraor- 
dinary, delegate  plenipoten- 
tiary ; 

His  Excellency  the  Honorable 
John  W.  Foster,  ex-Secretary 
of  State  at  the  United  States 
Department  for  Foreign  Af- 
fairs, delegate  plenipoten- 
tiary ; 

His  Excellency  Mr.  Tsien-Sun, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
The  Hague,  delegate  plenipo- 
tentiary ; 

Colonel  W.  S.  Y.  Tinge,  Judge 
Advocate  General  at  the  War 
Office,  military  delegate; 

Mr.  Chang  Ching  Tong,  Secre- 
tary of  Legation,  assistant 
delegate ; 

Mr.  Chao-Hi-Chiu,  ex-Secre- 
tary of  the  Imperial  Chinese 
Mission  and  Legation  at 
Paris  and  Rome,  assistant 
delegate. 
Colombia : 

General  Jorge  Holguin,  dele- 
gate plenipotentiary; 

Mr.  Santiago  Perez  Triana, 
delegate  plenipotentiary ; 

His  Excellency  General  M.  Var- 
gas, Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Paris,  delegate  plenipoten- 
tiary. 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


For  Denmark : 

Chamberlain  Fr.  E.  de  Bille, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
London,  first  delegate,  pleni- 
potentiary ; 
Mr.  J.  G.  F.  von  Schnack,  Col- 
onel of  Artillery,  ex-Minister 
for  War,  second  delegate, 
plenipotentiary. 


1907 
The  Republic  of  Cuba: 

Mr.  Antonio  Sanchez  de  Busta- 
mante,  professor  of  interna- 
tional law  at  the  University 
of  Havana,  Senator  of  the 
Republic,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Gonzalo  de 
Quesada  y  Arostegui,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  Washing- 
ton, delegate  plenipotentiary; 

Mr.  Manuel  Sanguily,  ex-direc- 
tor of  the  Institute  of  Sec- 
ondary Education  at  Havana, 
Senator  of  the  Republic,  del- 
egate plenipotentiary. 
Denmark : 

His  Excellency  Mr.  C.  Brun, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
Washington,  first  delegate 
plenipotentiary ; 

Rear-Admiral  C.  F.  Scheller, 
second  delegate  plenipoten- 
tiary; 

Mr.  A.  Vedel,  Chamberlain, 
Head  of  Department  at  the 
Royal  Ministry  for  Foreign 
Afifairs,  third  delegate  pleni- 
potentiary. 
The  Dominican  Republic: 

Mr.  Francisco  Henriquez  i  Car- 
vajal,  ex-Minister  for  For- 
eign Afifairs,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, delegate  plenipotentiary ; 

Mr.  Apolinar  Tejera,  rector  of 
the  Professional  Institute  of 


Cuba. 


Denmark. 


Dominican 
Republic. 


10 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Ecuador. 


Spain. 


France. 


For  Spain: 

His  Excellency  Duke  de  Te- 
tuan,  ex-Minister  for  Foreign 
Affairs,  first  delegate,  pleni- 
potentiary ; 

Mr.  W.  Ramirez  de  Villa  Ur- 
rutia,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Brussels,  delegate  plenipo- 
tentiary ; 

Mr.  Arthur  de  Baguer,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

The  Count  del  Serrallo,  Colo- 
nel, Military  Attache  to  the 
Spanish  Legation  at  Brus- 
sels, assistant  delegate. 


For  France: 

Mr.  Leon  Bourgeois,  ex-Presi- 
dent of  Council,  ex-Minister 


1907 

Santo  Domingo,  member  of 
the  Permanent  Court  of  Ar- 
bitration,    delegate     plenipo- 
tentiary. 
The  Republic  of  Ecuador: 

His  Excellency  Mr.  Victor 
Rendon,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris  and  Madrid, 
delegate  plenipotentiary ; 

Mr.  Enrique  Dorn  y  de  Alsua, 
Charge    d'Affaires,    delegate 
plenipotentiary. 
Spain : 

His  Excellency  Air.  W.  R.  de 
Villa-Urrutia,  Senator,  ex- 
Minister  for  Foreign  Affairs, 
Ambassador  Extraordinary 
and  Plenipotentiary  at  Lon- 
don, first  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Jose  de  la 
Rica  y  Calvo,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

Mr.  Gabriel  Maura  y  Gamazo, 
Count  de  la  Mortera,  Deputy 
to  the  Cortes,  delegate  pleni- 
potentiary ; 

Mr.  T-  Jofre  Montojo,  Colonel 
on  the  Staff,  Aide-de-camp  to 
the  Minister  of  War,  assist- 
ant military  delegate ; 

Captain  Francisco  Chacon,  as- 
sistant naval  delegate. 
France : 

His  Excellency  Mr.  Leon  Bour- 
geois, Ambassador   Extraor- 


THE  FINAL  ACTS  OF  1899  AND  1907 


11 


1899 
for    Foreign    Affairs,    mem- 
ber of  the  Chamber  of  Depu- 
ties,   first    delegate,    plenipo- 
tentiary ; 

Mr.  Georges  Bihourd,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The  Hagiie, 
second  delegate,  plenipoten- 
tiary; 

The  Baron  d'Estournelles  de 
Constant,  Minister  Plenipo- 
tentiary, member  of  the 
Chamber  of  Deputies,  third 
delegate,  plenipotentiary ; 

Mr.  Mounier,  General  of 
Brigade,  technical  delegate. 

Mr.  Pephau,  Rear-Admiral, 
technical  delegate ; 

Mr.  Louis  Renault,  professor  at 
the  Faculty  of  Law  at  Paris, 
Legal  Adviser  to  the  Minis- 
try for  Foreign  Affairs,  tech- 
nical delegate. 


1907 

dinary,  Senator,  ex-President 
of  the  Council,  ex-Minister 
for  Foreign  Affairs,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate,  first 
plenipotentiary ; 

Baron  d'Estournelles  de  Con- 
stant, Senator,  Minister  Plen- 
ipotentiary of  the  First  Class, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate, second  plenipotentiary ; 

Mr.  Louis  Renault,  professor  at 
the  Faculty  of  Lav^^  at  Paris, 
Honorary  Minister  Plenipo- 
tentiary, Legal  Adviser  to  the 
Ministry  for  Foreign  Affairs, 
member  of  the  Institute, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate, third  plenipotentiary ; 

His  Excellency  Mr.  MarcelHn 
Pellet,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  The  Hague,  delegate, 
fourth  plenipotentiary ; 

General  of  Division  Amourel, 
military  delegate; 

Rear-Admiral  Arago,  naval  del- 
egate ; 

Mr.  Fromageot,  advocate  at  the 
Court  of  Appeal  at  Paris, 
technical  delegate ; 

Captain  Lacaze,  second  naval 
delegate ; 

Lieutenant  Colonel  Siben,  Mili- 
tary Attache  at  Brussels  and 
The  Hague,  second  military 
delegate. 


12 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 
Great  Britain.       for  Great  Britain  and  Ireland : 

His  Excellency  the  Right  Hon- 
orable Sir  Julian  Pauncefote, 
member  of  Her  Majesty's 
Privy  Council,  Ambassador 
Extraordinary  and  Plenipo- 
tentiary of  the  United  King- 
dom at  Washington,  first  del- 
egate,  plenipotentiary ; 

Sir  Henry  Howard,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

Sir  John  A.  Fisher,  Vice-Ad- 
miral, technical  delegate; 

Sir  J.  C.  Ardagh,  Major  Gen- 
eral, technical  delegate; 

Lieutenant  Colonel  C.  a  Court, 
Military  Attache  at  Brussels 
and  The  Hague,  assistant 
technical  delegate. 


1907 

Great  Britain: 

His  Excellency  the  Right  Hon- 
orable Sir  Edward  Fry, 
G.C.B.,  member  of  the  Privy 
Council,  Ambassador  Ex- 
traordinary, member  of  the 
Permanent  Court  of  Arbitra- 
tion, delegate  plenipotentiary ; 

His  Excellency  the  Right  Hon- 
orable Sir  Ernest  Mason  Sa- 
tow,  G.C.M.G.,  member  of 
the  Privy  Council,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary ; 

His  Excellency  the  Right  Hon- 
orable Lord  Reay,  G.C.S.I., 
G.C.LE.,  member  of  the 
Privy  Council,  ex-president 
of  the  Institute  of  Interna- 
tional Law,  delegate  plenipo- 
tentiary ; 

His  Excellency  Sir  Henry 
Howard,  K.C.M.G.,  C.B., 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
The  Hague,  delegate  plenipo- 
tentiary ; 

Lieutenant  General  Sir  Ed- 
mond  R.  Elles,  G.C.LE., 
K.C.B.,  military  delegate; 

Captain  C.  L.  Ottley,  M.V.O., 
R.N.,  A.D.C.,  naval  delegate ; 

Mr.  Eyre  Crowe,  Counselor  of 
Embassy,  technical  delegate, 
first  secretary  to  the  delega- 
tion ; 

Mr.  Cecil  Hurst,  Counselor  of 
Embassy,   technical   delegate, 


THE  FINAL  ACTS  OF  1899  AND  1907 


13 


1899 


For  Greece : 

Mr.  N.  Delyannis,  ex-President 
of  the  Council,  ex-Minister 
for  Foreign  Affairs,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  Paris,  del- 
egate plenipotentiary. 


1907 

legal  adviser  to  the  delega- 
tion; 
Lieutenant  Colonel  the  Honor- 
able Henry  Yarde-Buller, 
D.S.O.,  Military  Attache  at 
The  Hague,  technical  dele- 
gate; 

Commander  J.  R.  Segrave, 
R.  N.,  technical  delegate; 

Major     George    K.     Cockerill, 
General  Staff,  technical  dele- 
gate. 
Greece : 

His  Excellency  Mr.  Cleon  Rizo 
Rangabe,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Berlin,  first  dele- 
gate plenipotentiary ; 

Mr.  Georges  Streit,  professor 
of  international  law  at  the 
University  of  Athens,  mem- 
ber of  the  Permanent  Court 
of  Arbitration,  second  dele- 
gate plenipotentiary ; 

Colonel    of    Artillery    C.    Sa- 
pountzakis,  Chief  of  the  Gen- 
eral Staff,  technical  delegate. 
Guatemala : 

Mr.  Jose  Tible  Machado, 
Charge  d'Affaires  at  The 
Hague  and  London,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary ; 

Mr.    Enrique    Gomez    Carrillo, 
Charge  d'Affaires  at  Berlin, 
delegate  plenipotentiary. 
The  Republic  of  Haiti : 

His  Excellency  Mr.  Jean  Joseph 


Greece. 


Guatemala. 


Haiti. 


14 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Italy. 


For  Italy: 

His  Excellency  Count  Nigra, 
Italian  Ambassador  at  Vi- 
enna, Senator  of  the  King- 
dom, first  delegate,  plenipo- 
tentiary ; 

Count  A.  Zannini,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

The  Chevalier  Guido  Pompilj, 
Deputy  in  the  Italian  Parlia- 
ment, third  delegate,  plenipo- 
tentiary ; 

The  Chevalier  Louis  Zuccari, 
Major  General,  technical  del- 
egate ; 

The  Chevalier  Auguste  Bianco, 
Captain,  Naval  Attache  to  the 
Royal  Embassy  at  London, 
technical  delegate. 


1907 
Dalbemar,  Envoy  Extraordi- 
nary   and    Minister    Plenipo- 
tentiary   at    Paris,    delegate 
plenipotentiary ; 

His  Excellency  Mr.  J.  N,  Leger, 
Envoy  Extraordinary  and 
Minister  Plenipotentiary  at 
Washington,  delegate  pleni- 
potentiary ; 

Mr.  Pierre  Hudicourt,  ex-pro- 
fessor of  international  public 
law,  advocate  at  the  bar  of 
Port  au  Prince,  delegate  plen- 
ipotentiary. 
Italy : 

His  Excellency  Count  Joseph 
Tornielli  Brusati  di  Vergano, 
Senator  of  the  Kingdom,  Am- 
bassador of  His  Majesty  the 
King  at  Paris,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, president  of  the  Italian 
delegation,  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Guido 
Pompilj,  Parliamentary  Dep- 
uty, Under-Secretary  of 
State  at  the  Royal  Ministry 
for  Foreign  Affairs,  delegate 
plenipotentiary ; 

Mr.  Guido  Fusinato,  Councilor 
of  State,  Parliamentary  Dep- 
uty, ex-Minister  of  Educa- 
tion, delegate  plenipotentiary ; 

Mr.  Marius  Nicolis  de  Robilant, 
General  of  Brigade,  technical 
delegate ; 

Mr.  Frangois  Castiglia,  Captain 
in  the  Navy,  technical  dele- 
gate. 


THE  FINAL  ACTS  OF  1899  AND  1907 


15 


1899 
For  Japan : 

The  Baron  Hayashi,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  St.  Peters- 
burg, first  delegate,  plenipo- 
tentiary ; 

Mr.  I.  Motono,  Envoy  Extraor- 
dinary and  Minister  Pleni- 
potentiary at  Brussels,  second 
delegate,  plenipotentiary ; 

Colonel  Uyehara,  technical  del- 
egate ; 

Captain  Sakamoto,  Japanese 
Navy,  technical  delegate; 

Mr.  Nagao  Ariga,  professor  of 
international  law  at  the  Su- 
perior Military  School  and 
the  Naval  School  of  Tokio, 
technical  delegate. 


For  Luxemburg: 

His    Excellency    Mr.    Eyschen, 
Minister  of  State,  President 
of  the  Grand  Ducal  Govern- 
ment,    delegate     plenipoten- 
tiary; 
The  Count  de  Villers,  Charge 
d'Afifaires  at  Berlin,  delegate 
plenipotentiary. 
For  the  United  States  of  Mexico  :^ 
Mr.  de  Mier,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 


1907 
Japan:  japan. 

His  Excellency  Mr.  Keiroku 
Tsudzuki,  Ambassador  Ex- 
traordinary and  Plenipoten- 
tiary, first  delegate  plenipo- 
tentiary ; 

His  Excellency  Mr.  Aimaro 
Sato,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  The  Hague,  second  dele- 
gate plenipotentiary ; 

Mr.  Henry  Willard  Denison, 
Legal  Adviser  to  the  Imperial 
Ministry  for  Foreign  Af- 
fairs, member  of  the  Perma- 
nent Court  of  Arbitration, 
technical  delegate ; 

Major  General  Yoshifuru  Aki- 
yama.  Inspector  of  Cavalry, 
technical  delegate ; 

Rear-Admiral  Hayao  Shima- 
mura,  president  of  the  Naval 
College  at  Etajima,  technical 
delegate. 

Luxemburg :  Luxemburg 

His  Excellency  Mr.  Eyschen, 
Minister  of  State,  President 
of  the  Grand  Ducal  Govern- 
ment, delegate  plenipoten- 
tiary ; 

Count  de  Villers,  Charge 
d'Afifaires  at  Berlin,  delegate 
plenipotentiary. 

Mexico  :  Mexico. 

His  Excellency  Mr.  Gonzalo  A. 
Esteva,  Envoy  Extraordinary 


^See  footnote  on  p.  2. 


16 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

tentiary    at    Paris,    delegate 
plenipotentiary ; 
Mr.  Zenil,  Minister  Resident  at 
Brussels,  delegate  plenipoten- 
tiary. 


Montenegro, 


For  Montenegro: 

His  Excellency  Mr.  de  Staal, 
Privy  Councilor,  Russian 
Ambassador  at  London,  dele- 
gate plenipotentiary. 


Nicaragua. 


1907 

and  Minister  Plenipotentiary 
at  Rome,  first  delegate  pleni- 
potentiary ; 

His  Excellency  Mr.  Sebastian 
B.  de  Mier,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  Paris,  second  dele- 
gate plenipotentiary ; 

His  Excellency  Mr.  Francisco 
L.  de  la  Barra,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Brussels 
and  at  The  Hague,  third  del- 
egate plenipotentiary. 
Montenegro : 

His  Excellency  Mr.  Nelidow, 
Privy  Councilor,  Russian  Am- 
bassador at  Paris,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  de  Martens, 
Privy  Councilor,  permanent 
member  of  the  Council  of  the 
Imperial  Russian  Ministry 
for  Foreign  Affairs,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  Tcharykow, 
Councilor  of  State,  Chamber- 
lain, Envoy  Extraordinary 
and  Minister  Plenipotentiary 
of  Russia  at  The  Hague,  del- 
egate plenipotentiary. 
Nicaragua : 

His  Excellency  Mr.  Crisanto 
Medina,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris,  delegate 
plenipotentiary. 


THE  FINAL  ACTS  OF  1899  AND  1907 


17 


1899 


For  the  Netherlands : 
Jonkheer  A.  P.  C.  van  Karne- 
beek,  ex-Minister  for  Foreign 
Affairs,  member  of  the  Sec- 
ond Chamber  of  the  States- 
General,  delegate  plenipoten- 
tiary; 
General  J.  C.  C.  den  Beer  Poor- 
tugael,  ex-Minister  for  War, 
member   of    the    Council    of 


1907 

Norway  :^  Norway. 

His  Excellency  Mr.  Francis 
Hagerup,  ex-President  of  the 
Council,  ex-professor  of  law, 
member  of  the  Permanent 
Court  of  Arbitration,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The 
Hague  and  Copenhagen,  dele- 
gate plenipotentiary; 

Mr.  Joachim  Grieg,  ship-owner 
and  Deputy,  technical  dele- 
gate; 

Mr.  Christian  Lous  Lang,  Sec- 
retary to  the  Nobel  Commit- 
tee of  the  Norwegian   Stor- 
thing, technical  delegate. 
Panama : 

Mr.  Belisario  Porras,  delegate 
plenipotentiary. 
Paraguay : 

His  Excellency  Mr.  Eusebio 
Machain,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris,  delegate 
plenipotentiary. 
The  Netherlands:  Netherlands. 

Mr.  W.  H.  de  Beaufort,  ex- 
Minister  for  Foreign  Affairs, 
member  of  the  Second 
Chamber  of  the  States-Gen- 
eral, delegate  plenipotentiary. 

His  Excellency  Mr.  T.  M.  C. 
Asser,  Minister  of  State, 
member  of  the  Council  of 
State,  member  of  the  Perma- 


Panama. 


Paraguay. 


1  Sweden  and  Norway  constituted  a  Union  until   1905. 
to  the  First  Conference,  see  p.  23. 


For  their  delegation 


18 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 
State,     delegate     plenipoten- 
tiary; 

Mr.  T.  M.  C.  Asser,  member 
of  the  Council  of  State,  dele- 
gate plenipotentiary ; 

Mr.  E.  N.  Rahusen,  member 
of  the  First  Chamber  of  the 
States-General,  delegate  plen- 
ipotentiary ; 

Captain  A.  P.  Tadema,  Chief 
of  the  Staff  of  the  Nether- 
land  Marine,  technical  dele- 
gate. 


1907 
nent    Court    of    Arbitration, 
delegate  plenipotentiary ; 

His  Excellency  Jonkheer  J.  C. 
C.  den  Beer  Poortugael, 
Lieutenant  General  on  the  re- 
tired Hst,  ex-Minister  of  War, 
member  of  the  Council  of 
State,  delegate  plenipoten- 
tiary ; 

His  Excellency  Jonkheer  J.  A. 
Roell,  Aide-de-camp  to  Her 
Majesty  the  Queen  in  Ex- 
traordinary Service,  Vice- 
Admiral  on  the  retired  list, 
ex-Minister  of  Marine,  dele- 
gate plenipotentiary; 

Mr.  J.  A.  Loeff,  ex-Minister  of 
Justice,  member  of  the  Sec- 
ond Chamber  of  the  States- 
General,  delegate  plenipoten- 
tiary; 

Mr.  H.  L.  van  Oordt,  Lieuten- 
ant Colonel  on  the  Stafif,  pro- 
fessor at  the  Higher  Mihtary 
College,  technical  delegate; 

Jonkheer  W.  J.  M.  van  Eysinga, 
Head  of  the  Political  Section 
at  the  Ministry  for  Foreign 
Affairs,  assistant  delegate; 

Jonkheer  H.  A.  van  Karne- 
beek.  Gentleman  of  the 
Chamber,  Assistant  Head  of 
Department  at  the  Colonial 
Office,  assistant  delegate ; 

Mr.  H.  G.  Surie,  Naval  Lieu- 
tenant of  the  First  Class, 
technical  delegate. 


THE  FINAL  ACTS  OF  1899  AND  1907 


19 


1899 


For  Persia: 

Aide-de-Camp  General  Mirza 
Riza  Khan  (Arfa-ud-Dov- 
leh),  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  St.  Petersburg  and  Stock- 
holm, first  delegate,  plenipo- 
tentiary ; 

Mr.  Mirza  Samad  Khan  (Mon- 
tazis-Saltaneh),  Counselor  of 
Legation  at  St.  Petersburg, 
assistant  delegate. 


For  Portugal : 

The  Count  de  Macedo,  Peer  of 
the  Kingdom,  ex-Minister  of 
Marine  and  the  Colonies,  En- 
voy Extraordinary  and  Min- 
ister Plenipotentiary  at  Ma- 
drid, delegate  plenipotentiary ; 

Mr.  d'Ornellas  Vasconcellos, 
Peer  of  the  Kingdom,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  St.  Peters- 


1907 
Peru :  p^"""- 

His  Excellency  Mr.  Carlos  G. 
Candamo,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Paris  and  London, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary ; 

Mr.  Gustavo  de  la  Fuente,  First 
Secretary     of     Legation    at 
Paris,  assistant  delegate. 
Persia :  P"^'^- 

His  Excellency  Samad  Khan 
Momtas-es-Saltaneh,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  Paris, 
member  of  the  Permanent 
Court  of  Arbitration,  dele- 
gate, first  plenipotentiary ; 

His  Excellency  Mirza  Ahmed 
Khan  Sadig-ul-Mulkh,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague, 
delegate  plenipotentiary ; 

Mr.  Hennebicq,  Legal  Adviser 
to  the  Minister  for  Foreign 
Affairs  at  Teheran,  technical 
delegate. 

Portugal  :  Portugal. 

His  Excellency  the  Marquis  de 
Soveral,  Councilor  of  State, 
Peer  of  the  Realm,  ex-Min- 
ister for  Foreign  Affairs,  En- 
voy Extraordinary  and  Min- 
ister Plenipotentiary  at  Lon- 
don, Ambassador  Extraordi- 
nary and  Plenipotentiary,  del- 
egate plenipotentiary  ; 

His  Excellency  Count  de  Selir, 


20 


THE  FINAL  ACTS  OF  1899  AND  1907 


Roumania. 


Russia. 


1899 
burg,      delegate     plenipoten- 
tiary; 

The  Count  de  Selir,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The 
Hague,  delegate  plenipoten- 
tiary ; 

Captain  Augusto  de  Castilho, 
technical  delegate ; 

Captain  on  the  General  Staff 
Ayres  d'Ornellas,  technical 
delegate. 


For  Roumania: 

Mr.  Alexandre  Beldiman,  En- 
voy Extraordinary  and  Min- 
ister Plenipotentiary  at  Ber- 
lin, first  delegate,  plenipoten- 
tiary; 

Mr.  Jean  N.  Papiniu,  Envoy 
Extraordinary  and  Minister 
Plenipotentiary  at  The 
Hague,  second  delegate,  plen- 
ipotentiary ; 

Aide-de-Camp  Colonel  Constan- 
tin  Coanda,  Director  of  Artil- 
lery at  the  Ministry  for  War, 
technical  delegate. 
For  Russia : 

His  Excellency  Mr.  de  Staal, 
Privy  Councilor,  Russian 
Ambassador  at  London,  dele- 
gate plenipotentiary; 

Mr.  de  Martens,  permanent 
member  of  the  Council  of  the 
Imperial    Ministry    for   For- 


1907 
Envoy     Extraordinary     and 
Minister    Plenipotentiary    at 
The   Hague,    delegate   pleni- 
potentiary ; 

His  Excellency  Mr.  Alberto 
d'Oliveira,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  Berne,  delegate 
plenipotentiary ; 

Lieutenant  Colonel  Thomaz  An- 
tonio Garcia  Rosado,  General 
Staff,  technical  delegate; 

Mr.    Guilherme    Ivens    Ferraz, 
Lieutenant  Commander  in  the 
Navy,  technical  delegate. 
Roumania : 

His  Excellency  Mr.  Alexandre 
Beldiman,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  Berlin,  first  dele- 
gate plenipotentiary ; 

His  Excellency  Mr.  Edgard 
Mavrocordato,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The  Hague, 
second  delegate  plenipoten- 
tiary; 

Captain     Alexander     Sturdza, 
General  Staff,  technical  dele- 
gate. 
Russia : 

His  Excellency  Mr.  Nelidow, 
Privy  Councilor,  Russian 
Ambassador  at  Paris,  dele- 
gate plenipotentiary; 

His  Excellency  Mr.  de  Martens, 
Privy  Councilor,  permanent 
member  of  the  Council  of  the 


THE  FINAL  ACTS  OF  1899  AND  1907 


21 


1899 

eign  Affairs,  Privy  Councilor, 
delegate  plenipotentiary ; 

Mr.  de  Easily,  Councilor  of 
State,  Chamberlain,  Director 
of  the  First  Department  of 
the  Imperial  Ministry  for 
Foreign  Affairs,  delegate 
plenipotentiary ; 

Mr.  Raffalovich,  Councilor  of 
State,  Agent  in  France  of  the 
Imperial  Ministry  for  Fi- 
nance, technical  delegate; 

Mr.  Gilinsky,  Colonel  on  the 
General  Staff,  technical  dele- 
gate; 

Count  Barantzew,  Colonel  of 
Horse  Artillery  of  the  Guard, 
technical  delegate ; 

Captain  Scheine,  Russian  Naval 
Agent  in  France,  technical 
delegate ; 

Mr.  Ovtchinnikow,  Naval  Lieu- 
tenant, professor  of  juris- 
prudence, technical  delegate. 


1907 
Imperial    Ministry    for    For- 
eign Affairs,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, delegate  plenipotentiary ; 

His  Excellency  Mr,  Tchary- 
kow,  Councilor  of  State, 
Chamberlain,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  The  Hague,  dele- 
gate plenipotentiary; 

Mr.  Prozor,  Councilor  of  State, 
Chamberlain,  Russian  Minis- 
ter at  Rio  de  Janeiro,  techni- 
cal delegate; 

Major  General  Yermolow,  Mil- 
itary Attache  at  London, 
technical  delegate. 

Colonel  Michelson,  Military 
Attache  at  Berlin,  technical 
delegate ; 

Captain  Behr,  Naval  Attache  at 
London,  technical  delegate; 

Colonel    Ovtchinnikow,   of   the 
Admiralty,   professor  of   in- 
ternational law  at  the  Naval 
Academy,  technical  delegate. 
Salvador : 

Mr.  Pedro  J.  Matheu,  Charge 
d'Affaires  at  Paris,  member 
of  the  Permanent  Court  of 
Arbitration,  delegate  plenipo- 
tentiary ; 

Mr.  Santiago  Perez  Triana, 
Charge  d'Affaires  at  London, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary. 


Salvador. 


22 


THE  FINAL  ACTS  OF  1899  AND  1907 


Servia. 


Siam. 


1899 
For  Servia : 

Mr.  Miyatovitch,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  London 
and  The  Hague,  delegate 
plenipotentiary ; 

Colonel  Maschine,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Cettinje, 
delegate  plenipotentiary ; 

Dr.  Vo'islave  Veljkovitch,  pro- 
fessor on  the  Faculty  of  Law 
at    Belgrade,    assistant    dele- 


gate. 


For  Siam: 

His  Excellency  Phya  Suriya 
Nuvatr,  Envoy  Extraordi- 
nary and  Minister  Plenipo- 
tentiary at  St.  Petersburg  and 
Paris,  first  delegate,  plenipo- 
tentiary ; 

His  Excellency  Phya  Visuddha 
Suriya  Sakdi,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  The  Hague 
and  London,  second  delegate, 
plenipotentiary ; 

Mr.  Ch.  Corragioni  d'Orelli, 
Counselor  of  Legation,  third 
delegate ; 

Mr.  fidouard  Rolin,  Siamese 
Consul  General  in  Belgium, 
fourth  delegate. 


1907 

Servia : 

His  Excellency  General  Sava 
Grou'itch,  President  of  the 
Council  of  State,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  Milovan 
Milovanovitch,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Rome, 
member  of  the  Permanent 
Court  of  Arbitration,  delegate 
plenipotentiary ; 

His  Excellency  Mr.  Michel  Mi- 
litchevitch,  Envoy  Extraor- 
dinary and  Minister  Plenipo- 
tentiary at  London  and  The 
Hague,  delegate  plenipoten- 
tiary. 
Siam: 

Major  General  Mom  Chatidej 
Udom,  delegate  plenipoten- 
tiary; 

Mr.  Corragioni  d'Orelli,  Coun- 
selor of  Legation  at  Paris, 
delegate  plenipotentiary ; 

Captain  Luang  Bhuvanarth 
Nariibal,  delegate  plenipoten- 
tiary. 


THE  FINAL  ACTS  OF  1899  AND  1907 


23 


1899 
For  Sweden  and  Norway : 

The  Baron  de  Bildt,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  the  Royal 
Court  of  Italy,  delegate  pleni- 
potentiary. 
Sweden: 

Colonel  P.  H.  E.  Brandstron, 
Chief  of  First  Regiment  of 
Grenadiers  of  the  Guard, 
technical  delegate ; 

Captain  C.  A.  M.  de  Hjulham- 
mar,  Swedish  Navy,  techni- 
cal delegate. 
Norway: 

Mr.  W.  Konow,  President  of 
the  Odelsting,  technical  dele- 
gate; 

Major  General  J.  J.  Thaulow, 
Surgeon  General  of  the 
Army  and  Navy,  technical 
delegate. 


For  Switzerland: 

Dr.  Arnold  Roth,  Envoy  Ex- 
traordinary and  Minister 
Plenipotentiary  at  Berlin,  del- 
egate plenipotentiary ; 

Colonel  Arnold  Kunzli,  Na- 
tional Councilor,  delegate ; 

Mr.  fidouard  Odier,  National 
Councilor,  delegate  plenipo- 
tentiary. 


1907 

Sweden :  Sweden. 

His  Excellency  Mr.  Knut  Hjal- 
mar  Leonard  de  Hammar- 
skjold.  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Copenhagen,  ex-Minister 
of  Justice,  member  of  the 
Permanent  Court  of  Arbitra- 
tion, first  delegate  plenipo- 
tentiary ; 

Mr.  Johannes  Hellner,  ex-Min- 
ister without  Portfolio,  ex- 
member  of  the  Supreme 
Court  of  Sweden,  member  of 
the  Permanent  Court  of  Ar- 
bitration, second  delegate 
plenipotentiary. 

Colonel  David  Hedengren, 
Commanding  a  Regiment  of 
Artillery,  technical  delegate; 

Commander  Gustaf  de  Klint, 
Head  of  a  Section  on  the 
Staff  of  the  Royal  Navy, 
technical  delegate, 

Switzerland :  Switzerland. 

His  Excellency  Mr.  Gaston 
Carlin,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  London  and  The  Hague, 
delegate  plenipotentiary ; 

Mr.  Eugene  Borel,  Colonel  on 
the  General  Staff,  professor 
at  the  University  of  Geneva, 
delegate  plenipotentiary ; 

Mr.  Max  Huber,  professor  of 
law  at  the  University  of  Zu- 
rich, delegate  plenipotentiary. 


24 


THE  FINAL  ACTS  OF  1899  AND  1907 


Turkey. 


Uruguay. 


Venezuela. 


1899 

For  Turkey : 

His  Excellency  Turkhan  Pasha, 
ex-Minister  for  Foreign  Af- 
fairs, member  of  the  Council 
of  State,  first  delegate,  pleni- 
potentiary ; 

Noury  Bey,  Secretary  General 
to  the  Ministry  for  Foreign 
Affairs,  delegate  plenipoten- 
tiary ; 

Abdullah  Pasha,  General  of  Di- 
vision of  the  Staff,  delegate 
plenipotentiary  ; 

Mehemed  Pasha,  Rear-Admiral, 
delegate  plenipotentiary. 


1907 

Turkey : 

His  Excellency  Turkhan  Pasha, 
Ambassador  Extraordinary, 
Minister  of  the  Evkaf,  first 
delegate  plenipotentiary ; 

His  Excellency  Rechid  Bey, 
Turkish  Ambassador  at 
Rome,  delegate  plenipoten- 
tiary; 

His  Excellency  Vice-Admiral 
Mehemed  Pasha,  delegate 
plenipotentiary ; 

Raif  Bey,  Legal  Adviser  on  the 
Civil  List,  assistant  delegate; 

Colonel  on  the  Staff  Mehemmed 
Said  Bey,  assistant  delegate. 
Uruguay : 

Mr.  Jose  Batlle  y  Ordonez,  ex- 
President  of  the  Republic, 
member  of  the  Permanent 
Court  of  Arbitration,  first 
delegate  plenipotentiary ; 

His  Excellency  Mr.  Juan  P. 
Castro,  ex-President  of  the 
Senate,  Envoy  Extraordinary 
and  Minister  Plenipotentiary 
at  Paris,  member  of  the  Per- 
manent Court  of  Arbitration, 
delegate   plenipotentiary ; 

Colonel       Sebastian       Buquet, 
Commanding  a  Regiment  of 
Field  Artillery,  technical  del- 
egate. 
The  United  States  of  Venezuela : 

Mr.  Jose  Gil  Fortoul,  Charge 
d'Affaires  at  Berlin,  delegate 
plenipotentiary. 


THE  FINAL  ACTS  OF  1899  AND  1907 


25 


1899 

In  a  series  of  meetings,  between 
the  18th  May  and  the  29th  July, 
1899,  in  which  the  constant  desire 
of  the  delegates  above-mentioned 
has  been  to  reaUze,  in  the  fullest 
manner  possible,  the  generous 
views  of  the  august  initiator  of 
the  Conference  and  the  intentions 
of  their  Governments,  the  Confer- 
ence has  agreed,  for  submission 
for  signature  by  the  plenipoten- 
tiaries, on  the  text  of  the  Conven- 
tions and  Declarations  enumerated 
below  and  annexed  to  the  present 
Act: 

I.  Convention  for  the  peaceful 
adjustment  of  international 
differences. 


II.  Convention  regarding  the 
laws  and  customs  of  war  on 
land. 


1907 
At  a  series  of  meetings,  held 
from  the  15th  June  to  the  18th 
October,  1907,  in  which  the  above 
delegates  were  throughout  ani- 
mated by  the  desire  to  realize,  in 
the  fullest  possible  measure,  the 
generous  views  of  the  august  initi- 
ator of  the  Conference  and  the  in- 
tentions of  their  Governments,  the 
Conference  drew  up,  for  submis- 
sion for  signature  by  the  plenipo- 
tentiaries, the  text  of  the  Conven- 
tions and  of  the  Declaration  enu- 
merated below  and  annexed  to  the 
present  Act : 

I.  Convention  for  the  pacific 
settlement  of  international 
disputes. 

II.  Convention  respecting  the 
limitation  t)f  the  employment 
of  force  for  the  recovery  of 
contract  debts. 

III.  Convention  relative  to  the 
opening  of  hostilities. 

IV.  Convention  respecting  the 
laws  and  customs  of  war  on 
land. 

V.  Convention  respecting  the 
rights  and  duties  of  neutral 
powers  and  persons  in  case 
of  war  on  land. 

VI.  Convention  relative  to  the 
status  of  enemy  merchant 
ships  at  the  outbreak  of  hos- 
tilities. 

VII.  Convention  relative  to  the 
conversion  of  merchant  ships 
into  war-ships. 


Preamble. 


Conventions: 

Pacific 

settlements. 


Contract  debts. 


Opening  of 
hostilities. 


Land  warfare. 


Neutrals  in 
war  on  land. 


Enemy  mer- 
chant ships. 


Conversion. 


26 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Submarine 
iitines. 


Naval 
bombardment. 


Geneva 
Convention. 


Capture  in 
naval  war. 


Prize  Court. 


Neutrals  in 
naval  war. 


Declarations : 

Projectiles 
from  balloons. 


Asphyxiating 
gases. 


Expanding 
bullets. 


III.  Convention  for  the  adapta- 
tion to  maritime  warfare  of 
the  principles  of  the  Geneva 
Convention  of  the  22d  Au- 
gust, 1864. 


IV.  Three  Declarations: 
l.To    prohibit    the    launching 
of  projectiles  and  explosives 
from    balloons    or    by    other 
similar  new  methods. 

2.  To  prohibit  the  use  of  projec- 
tiles, the  only  object  of  which 
is  the  diffusion  of  asphyxia- 
ting or  deleterious  gases. 

3.  To  prohibit  the  use  of  bullets 
which  expand  or  flatten  easily 
in  the  human  body,  such  as 
bullets  with  a  hard  envelope, 
of  which  the  envelope  does 
not  entirely  cover  the  core 
or  is  pierced  with  incisions. 


1907 

VIII.  Convention  relative  to 
the  laying  of  automatic  sub- 
marine contact  mines. 

IX.  Convention  respecting  bom- 
bardment by  naval  forces  in 
time  of  war. 

X.  Convention  for  the  adapta- 
tion to  naval  war  of  the  prin- 
ciples of  the  Geneva  Conven- 
tion. 

XI.  Convention  relative  to  cer- 
tain restrictions  with  regard 
to  the  exercise  of  the  right 
of  capture  in  naval  war. 

XII.  Convention  relative  to  the 
creation  of  an  International 
Prize  Court. 

XIII.  Convention  concerning 
the  rights  and  duties  of  neu- 
tral Powers  in  naval  war. 

XIV.  Declaration  prohibiting 
the  discharge  of  projectiles 
and  explosives  from  balloons. 


THE  FINAL  ACTS  OF  1899  AND  1907 


27 


1899 
These  Conventions  and  Decla- 
rations shall  form  so  many  sepa- 
rate Acts.  These  Acts  shall  be 
dated  this  day,  and  may  be  signed 
up  to  the  31st  December,  1899,  by 
the  plenipotentiaries  of  the  Pow- 
ers represented  at  the  Interna- 
tional Peace  Conference  at  The 
Hague. 


1907 

These  Conventions  and  Decla-  ^K'i'"^ 

01  above. 

ration  shall  form  so  many  sepa- 
rate Acts.  These  Acts  shall  be 
dated  this  day,  and  may  be  signed 
up  to  the  30th  June,  1908,  at  The 
Hague,  by  the  plenipotentiaries 
of  the  Powers  represented  at  the 
Second  Peace  Conference. 

The  Conference,  actuated  by  the 
spirit  of  mutual  agreement  and 
concession  characterizing  its  de- 
liberations, has  agreed  upon  the 
following  Declaration,  which, 
while  reserving  to  each  of  the 
Powers  represented  full  liberty  of 
action  as  regards  voting,  enables 
them  to  affirm  the  principles 
which  they  regard  as  unanimous- 
ly admitted : 

It  is  unanimous—  Spicting" 

1.  In  admitting  the  principle  of  "SS. 
compulsory  arbitration. 

2.  In  declaring  that  certain  dis- 
putes, in  particular  those  relating 
to  the  interpretation  and  applica- 
tion of  the  provisions  of  interna- 
tional agreements,  may  be  sub- 
mitted to  compulsory  arbitration 
without  any  restriction. 

Finally,  it  is  unanimous  in  pro- 
claiming that,  although  it  has  not 
yet  been  found  feasible  to  con- 
clude a  Convention  in  this  sense, 
nevertheless  the  divergences  of 
opinion  which  have  come  to  light 
have  not  exceeded  the  bounds  of 
judicial  controversy,  and  that,  by 


28 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 


Resolution 
respecting 
limitation 
of  military 
expenditure. 


Vceux 


1.  (1899)  Revi- 
sion of  Geneva 
Convention. 

(1907)  Judicial 

Arbitration 

Court. 


Guided  by  the  same  sentiments, 
the  Conference  has  adopted  unan- 
imously the  following  Resolution : 
The  Conference  is   of  opinion 
that  the  restriction  of   mili- 
tary   charges,    which   are   at 
present  a   heavy   burden   on 
the  world,  is  extremely  desir- 
able for  the  increase  of  the 
material   and   moral   welfare 
of  mankind. 


It  has  besides    formulated  the 
following  Vceux: 

1.  The  Conference,  taking  into 
consideration  the  preliminary 
step  taken  by  the  Swiss  Fed- 
eral Government  for  the  re- 
vision of  the  Geneva  Conven- 
tion, expresses  the  wish  that 
steps  may  be  shortly  taken 
for  the  assembly  of  a  special 
Conference  having  for  its  ob- 
ject the  revision  of  that  Con- 
vention. 
This  wish  was  voted  unani- 
mously. 


1907 

working  together  here  during  the 
past  four  months,  the  collected 
Powers  not  only  have  learnt  to 
understand  one  another  and  to 
draw  closer  together,  but  have 
succeeded  in  the  course  of  this 
long  collaboration  in  evolving  a 
very  lofty  conception  of  the  com- 
mon welfare  of  humanity. 

The  Conference  has  further 
unanimously  adopted  the  follow- 
ing Resolution: 

The  Second  Peace  Conference 
confirms  the  Resolution 
adopted  by  the  Conference  of 
1899  in  regard  to  the  limita- 
tion of  military  expenditure; 
and  inasmuch  as  military  ex- 
penditure has  considerably 
increased  in  almost  every 
country  since  that  time,  the 
Conference  declares  that  it  is 
eminently  desirable  that  the 
Governments  should  resume 
the  serious  examination  of 
this  question. 
It  has  besides  expressed  the  fol- 
lowing Vceux: 

1.  The  Conference  recommends 
to  the  signatory  Powers  the 
adoption  of  the  annexed  draft 
Convention^  for  the  creation 
of  a  Judicial  Arbitration 
Court,  and  the  bringing  it  into 
force  as  soon  as  an  agree- 
ment has  been  reached  re- 
specting the  selection  of  the 
judges  and  the  constitution 
of  the  Court. 


^Post,  p.  31. 


THE  FINAL  ACTS  OF  1899  AND  1907 


29 


r 


1899 
2.  The  Conference  expresses  the 
wish  that  the  questions  of  the 
rights  and  duties  of  neutrals 
may  be  inserted  in  the  pro- 
gram of  a  Conference  in  the 
near  future. 


3.  The  Conference  expresses  the 
wish  that  the  questions  with 
regard  to  rifles  and  naval 
guns,  as  considered  by  it,  may 
be  studied  by  the  Govern- 
ments with  the  object  of  com- 
ing to  an  agreement  respect- 
ing the  employment  of  new 
types  and  calibers. 

4.  The  Conference  expresses  the 
wish  that  the  Governments, 
taking  into  consideration  the 
proposals  made  at  the  Con- 
ference, may  examine  the 
possibility  of  an  agreement  as 
to  the  limitation  of  armed 
forces  by  land  and  sea,  and 
of  war  budgets. 


5.  The  Conference  expresses  the 
wish  that  the  proposal,  which 
contemplates  the  declaration 
of  the  inviolability  of  private 
property    in    naval    warfare, 


1907 

2.  The  Conference  expresses  the 
opinion  that,  in  case  of  war, 
the  responsible  authorities, 
civil  as  well  as  military, 
should  make  it  their  special 
duty  to  ensure  and  safeguard 
the  maintenance  of  pacific 
relations,  more  especially  of 
the  commercial  and  industrial 
relations  between  the  inhabit- 
ants of  the  belligerent  States 
and  neutral  countries. 

3.  The  Conference  expresses  the 
opinion  that  the  Powers 
should  regulate,  by  special 
treaties,  the  position,  as  re- 
gards military  charges,  of 
foreigners  residing  within 
their  territories. 


4.  The  Conference  expresses  the 
opinion  that  the  preparation 
of  regulations  relative  to  the 
laws   and   customs   of   naval 
war  should  figure  in  the  pro- 
gram   of    the    next    Confer- 
ence, and  that  in  any  case  the 
Powers  may  apply,  as  far  as 
possible,  to  war  by   sea  the 
principles  of  the  Convention 
relative  to  the  laws  and  cus- 
toms of  war  on  land. 
Finally,  the  Conference  recom- 
mends to  the  Powers  the  assembly 
of    a    Third    Peace   Conference, 
which    might    be    held    within    a 
period     corresponding     to     that 


2.  (1899)  Rights 
and  duties 
of  neutrals, 

(1907)  Mainte- 
nance of  rela- 
tions between 
belligerents 
and  neutrals. 


3.  (1899)  Types 
and  calibers  of 
guns. 

(1907)  Military 
charges  on 
resident  aliens. 


4.  (1899)  Limi- 
tation of  armed 
forces  and 
budgets. 

(1907)  Laws 
and  customs  of 
naval  war. 


5.  (1899)  Pri- 
vate property 
in  naval  war. 
(1907)  Third 
Peace  Con- 
ference 


30 


THE  FINAL  ACTS  OF  1899  AND  1907 


1899 

may  be  referred  to  a  subse- 
quent Conference  for  consid- 
eration. 


6.  (1899)  N^val 
bombardment 
of  ports,  etc. 


6.  The  Conference  expresses  the 
wish  that  the  proposal  to  set- 
tle the  question  of  the  bom- 
bardment of  ports,  towns, 
and  villages  by  a  naval  force 
may  be  referred  to  a  subse- 


1907 
which  has  elapsed  since  the  pre- 
ceding Conference,  at  a  date  to 
be  fixed  by  common  agreement 
between  the  Powers,  and  it  calls 
their  attention  to  the  necessity  of 
preparing  the  program  of  this 
Third  Conference  a  sufficient  time 
in  advance  to  ensure  its  delibera- 
tions being  conducted  with  the 
necessary  authority  and  expedi- 
tion. 

In  order  to  attain  this  object 
the  Conference  considers  that  it 
would  be  very  desirable  that,  some 
two  years  before  the  probable  date 
of  the  meeting,  a  preparatory 
committee  should  be  charged  by 
the  Governments  with  the  task  of 
collecting  the  various  proposals  to 
be  submitted  to  the  Conference,  of 
ascertaining  what  subjects  are  ripe 
for  embodiment  in  an  interna- 
tional regulation,  and  of  preparing 
a  program  which  the  Govern- 
ments should  decide  upon  in  suf- 
ficient time  to  enable  it  to  be  care- 
fully examined  by  the  countries 
interested.  This  committee  should 
further  be  intrusted  with  the  task 
of  proposing  a  system  of  organi- 
zation and  procedure  for  the  Con- 
ference itself. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT         31 


1899 

quent  Conference  for  consid- 
eration. 

The  last  five  wishes  were  voted 
unanimously,  saving  some  absten- 
tions. 

In  faith  of  which,  the  plenipo- 
tentiaries have  signed  the  present 
Act,  and  have  afifixed  their  seals 
thereto. 

Done  at  The  Hague,  29th  July, 
1899,  in  one  copy  only,  which 
shall  be  deposited  in  the  Ministry 
for  Foreign  Affairs,  and  of  which 
copies,  duly  certified,  shall  be  de- 
livered to  all  the  Powers  repre- 
sented at  the  Conference. 

[Here  follow  signatures.] 


1907 


In  faith  whereof  the  Plenipo- 
tentiaries have  signed  the  present 
Act  and  have  affixed  their  seals 
thereto. 

Done  at  The  Hague,  the  18th 
October,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent  to  all 
the  Powers  represented  at  the 
Conference. 

[Here  follow  signatures.] 


Signing. 


Deposit  ot 
original. 


Certified  copies 
to  Powers. 


Annex   to    the   First    Voeu'^    of   the   Second   Peace    Conference 

DRAFT   CONVENTION    RELATIVE  TO  THE  CREATION  OF  A 
JUDICIAL  ARBITRATION  COURT 

Part  I. — Constitution   of  the  Judicial  Arbitration   Court 

Article  1 


Constitution 
of  Court. 


With  a  view  to  promoting  the  cause  of  arbitration,  the  contracting   status  of 

'■  ^  JO     Permanent 

Powers  agree  to  constitute,  without  altering  the  status  of  the  Perma-  court  of 
nent  Court  of  Arbitration,-  a  Judicial  Arbitration  Court,  of  free  and   not  altered, 
easy  access,  composed  of  judges  representing  the  various  juridical 
systems  of  the  world,  and  capable  of  insuring  continuity  in  jurispru- 
dence of  arbitration. 

Article  2 

The  Judicial  Arbitration  Court  is  composed  of  judges  and  deputy  pf"^*e^^|g°g"^ 
judges  chosen  from  persons  of  the  highest  moral  reputation,  and  all  °^  Court. 


'^Ante,  p.  28. 
^Post,  p.  57. 


32 


THE  FINAL  ACT  OF  1907 


fulfilling  conditions  qualifying  them,  in  their  respective  countries,  to 
occupy  high  legal  posts,  or  be  jurists  of  recognized  competence  in 
matters  of  international  law. 

The  judges  and  deputy  judges  of  the  Court  are  appointed,  as  far  as 
possible,  from  the  members  of  the  Permanent  Court  of  Arbitration. 
The  appointment  shall  be  made  within  the  six  months  following  the 
ratification  of  the  present  Convention. 


Term  of 
service. 


Vacancies. 


Article  3 

The  judges  and  deputy  judges  are  appointed  for  a  period  of  twelve 
years,  counting  from  the  date  on  which  the  appointment  is  notified 
to  the  Administrative  Council^  created  by  the  Convention  for  the 
pacific  settlement  of  international  disputes.  Their  appointments  can 
be  renewed. 

Should  a  judge  or  deputy  judge  die  or  retire,  the  vacancy  is  filled 
in  the  manner  in  which  his  appointment  was  made.  In  this  case,  the 
appointment  is  made  for  a  fresh  period  of  twelve  years. 


Rank  of 
members. 


Article  4 

The  judges  of  the  Judicial  Arbitration  Court  are  equal  and  rank 
according  to  the  date  on  which  their  appointment  was  notified.  The 
judge  who  is  senior  in  point  of  age  takes  precedence  when  the  date 
of  notification  is  the  same. 

The  deputy  judges  are  assimilated,  in  the  exercise  of  their  func- 
tions, with  the  judges.    They  rank,  however,  below  the  latter. 


Diplomatic 
privileges  and 
immunities. 


Article  5 

The  judges  enjoy  diplomatic  privileges  and  immunities  in  the 
exercise  of  their  functions,  outside  their  own  country. 

Before  taking  their  seat,  the  judges  and  deputy  judges  must,  before 
the  Administrative  Council,  swear  or  make  a  solemn  affirmation  to 
exercise  their  functions  impartially  and  conscientiously. 


Special 
delegation. 


Article  6 

The  Court  annually  nominates  three  judges  to  form  a  special  dele- 
gation and  three  more  to  replace  them  should  the  necessity  arise. 
They  may  be  reelected.     They  are  balloted  for.     The  persons  who 

'^Post,  p.  62. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        33 

secure  the  largest  number  of  votes  are  considered  elected.  The  dele- 
gation itself  elects  its  president,  who,  in  default  of  a  majority,  is 
appointed  by  lot. 

A  member  of  the  delegation  can  not  exercise  his  duties  when  the 
Power  which  appointed  him,  or  of  which  he  is  a  national,  is  one  of 
the  parties. 

The  members  of  the  delegation  are  to  conclude  all  matters  sub- 
mitted to  them,  even  if  the  period  for  which  they  have  been  appointed 
judges  has  expired. 

Article  7 

A  judge  may  not  exercise  his  judicial  functions  in  any  case  in  which  ^/|^j{fdg''e'^^*'°° 
he  has,  in  any  way  whatever,  taken  part  in  the  decision  of  a  national 
tribunal,  of  a  tribunal  of  arbitration,  or  of  a  commission  of  inquiry,  or 
has  figured  in  the  suit  as  counsel  or  advocate  for  one  of  the  parties.^ 

A  judge  can  not  act  as  agent  or  advocate  before  the  Judicial  Arbi- 
tration Court  or  the  Permanent  Court  of  Arbitration,  before  a  special 
tribunal  of  arbitration  or  a  commission  of  inquiry,  nor  act  for  one  of  the 
parties  in  any  capacity  whatsoever  so  long  as  his  appointment  lasts. 

Article  8 

The  Court  elects  its  president  and  vice-president  by  an  absolute  |^°"^ggi|g[f^ 
majority  of  the  votes  cast.    After  two  ballots,  the  election  is  made  by  ^"^gj^J^^"^ 
a  bare  majority  and,  in  case  the  votes  are  even,  by  lot. 

Article  9 

The  judges  of  the  Judicial  Arbitration  Court  receive  an  annual  of°^^tel^''''" 
salary  of  6,000  Netherland  florins.    This  salary  is  paid  at  the  end  of 
each  half-year,  reckoned  from  the  date  on  which  the  Court  meets  for 
the  first  time. 

In  the  exercise  of  their  duties  during  the  sessions  or  in  the  special 
cases  covered  by  the  present  Convention,  they  receive  the  sum  of  100 
florins  per  diem.  They  are  further  entitled  to  receive  a  traveling  allow- 
ance fixed  in  accordance  with  regulations  existing  in  their  own  country. 
The  provisions  of  the  present  paragraph  are  applicable  also  to  a 
deputy  judge  when  acting  for  a  judge. 

These  emoluments  are  included  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  31,  and  are  paid  through  the  International  Bureau^ 

1 


Cf.  Article  18,  post,  p.  35. 
^Post,  p.  57. 


34 


THE  FINAL  ACT  OF  1907 


created  by  the  Convention  for  the  pacific  settlement  of  international 
disputes. 

Article  10 

The  judges  may  not  accept  from  their  own  Government  or  from  that 
of  any  other  Power  any  remuneration  for  services  connected  with  their 
duties  in  their  capacity  of  members  of  the  Court. 


Seat  of 
the  Court. 


Functions  of 

Administrative 

Council. 


Functions  of 
International 
Bureau. 


Secretaries, 
etc.,  appointed 
by  Court. 


Article  11 

The  seat  of  the  Judicial  Court  of  Arbitration  is  at  The  Hague,  and 
can  not  be  transferred,  unless  absolutely  obliged  by  circumstances, 
elsewhere. 

The  delegation  may  choose,  with  the  assent  of  the  parties  concerned, 
another  site  for  its  meetings,  if  special  circumstances  render  such  a 
step  necessary. 

Article  12 

The  Administrative  Council  fulfils  with  regard  to  the  Judicial 
Court  of  Arbitration  the  same  functions  as  to  the  Permanent  Court 
of  Arbitration. 

Article  13 

The  International  Bureau  acts  as  registry  to  the  Judicial  Court  of 
Arbitration,  and  must  place  its  offices  and  staff  at  the  disposal  of  the 
Court.  It  has  charge  of  the  archives  and  carries  out  the  administrative 
work. 

The  secretary  general  of  the  Bureau  discharges  the  functions  of 
registrar. 

The  necessary  secretaries  to  assist  the  registrar,  translators  and 
shorthand  writers  are  appointed  and  sworn  in  by  the  Court. 


Sessions. 


Article  14 

The  Court  meets  in  session  once  a  year.  The  session  opens  the  third 
Wednesday  in  June  and  lasts  until  all  the  business  on  the  agenda  has 
been  transacted. 

The  Court  does  not  meet  in  session  if  the  delegation  considers  that 
such  meeting  is  unnecessary.  However,  when  a  Power  is  party  in  a 
case  actually  pending  before  the  Court,  the  pleadings  in  which  are 
closed,  or  about  to  be  closed,  it  may  insist  that  the  session  should  be 
held. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        35 

When  necessary,  the  delegation  may  summon  the  Court  in  extraor- 
dinary session. 

Article  15 

A  report  of  the  doings  of  the  Court  shall  be  drawn  up  every  year  Report, 
by  the  delegation.     This  report  shall  be  forwarded  to  the  contracting 
Powers  through  the  International  Bureau.    It  shall  also  be  communi- 
cated to  the  judges  and  deputy  judges  of  the  Court. 

Article  16 

The  judges  and  deputy  judges,  members  of  the  Judicial  Arbitra-  l^^^^^^^^ 
tion  Court,  can  also  exercise  the  functions  of  judge  and  deputy  judge  interMHoMi 
in  the  International  Prize  Court.  ^"^^  *^°"'''- 

Part  11.— Competency  and  Procedure  SdTocedLc 

Article  17 

The  Judicial  Court  of  Arbitration  is  competent  to  deal  with  all  ofTourt'^ 
vcases  submitted  to  it,  in  virtue  either  of  a  general  undertaking  to  have 
recourse  to  arbitration  or  of  a  special  agreement. 

Article  18 

The  delegation  is  competent-  SfTiieSion. 

1.  To  decide  the  arbitrations  referred  to  in  the  preceding  article, 
if  the  parties  concerned  are  agreed  that  the  summary  procedure,  laid 
down  in  Part  IV,  Chapter  IV,  of  the  Convention  for  the  pacific  settle- 
ment of  international  disputes  is  to  be  applied ; 

2.  To  hold  an  inquiry  under  and  in  accordance  with  Part  III  of  the 
said  Convention,  in  so  far  as  the  delegation  is  intrusted  with  such 
inquiry  by  the  parties  acting  in  common  agreement.  With  the  assent 
of  the  parties  concerned,  and  as  an  exception  to  Article  7,  paragraph  1, 
the  members  of  the  delegation  who  have  taken  part  in  the  inquiry  may 
sit  as  judges,  if  the  case  in  dispute  is  submitted  to  the  arbitration  of  the 
'Court  or  of  the  delegation  itself. 

Article  19 

The  delegation  is  also  competent  to  settle  the  compromis  referred  f^^^^^^'°o^^^ 
to  in  Article  52  of  the  Convention  for  the  pacific  settlement  of  inter-  promzsn 

^  parties  agree; 

-national  disputes  if  the  parties  are  agreed  to  leave  it  to  the  Court. 


36 


THE  FINAL  ACT  OF  1907 


or  in  case  of 
a  dispute 
governed  by  a 
general  treaty; 


or  of  one 

originating  from 
contract  debts. 


It  is  equally  competent  to  do  so,  even  when  the  request  is  only  made 
by  one  of  the  parties  concerned,  if  all  attempts  have  failed  to  reach 
an  understanding  through  the  diplomatic  channel,  in  the  case  of — 

1.  A  dispute  covered  by  a  general  treaty  of  arbitration  concluded 
or  renewed  after  the  present  Convention  has  come  into  force,  pro- 
viding for  a  compromis  in  all  disputes,  and  not  either  explicitly  or  im- 
plicitly excluding  the  settlement  of  the  compromis  from  the  compe- 
tence of  the  delegation.  Recourse  can  not,  however,  be  had  to  the 
Court  if  the  other  party  declares  that  in  its  opinion  the  dispute  does 
not  belong  to  the  category  of  questions  to  be  submitted  to  compulsory 
arbitration,  unless  the  treaty  of  arbitration  confers  upon  the  arbitration 
tribunal  the  power  of  deciding  this  preliminary  question. 

2.  A  dispute  arising  from  contract  debts  claimed  from  one  Power 
by  another  Power  as  due  to  its  nationals,  and  for  the  settlement  of 
which  the  offer  of  arbitration  has  been  accepted.  This  arrangement  is 
not  applicable  if  acceptance  is  subject  to  the  condition  that  the  com- 
promis should  be  settled  in  some  other  way. 


Parties  may 

nominate 

judges. 


Article  20 

Each  of  the  parties  concerned  may  nominate  a  judge  of  the  Court 
to  take  part,  with  power  to  vote,  in  the  examination  of  the  case  sub- 
mitted to  the  delegation. 

If  the  delegation  acts  as  a  commission  of  inquiry,  this  task  may  be 
intrusted  to  persons  other  than  the  judges  of  the  Court.  The  travel- 
ing expenses  and  remuneration  to  be  given  to  the  said  persons  are  fixed 
and  borne  by  the  Powers  appointing  them. 


Contracting 
Powers  only 
to  have  access 
to  Court. 


Article  21 

The  contracting  Powers  only  may  have  access  to  the  Judicial  Arbi- 
tration Court  set  up  by  the  present  Convention. 


Rules  of 
procedure. 


Article  22 

The  Judicial  Court  of  Arbitration  follows  the  rules  of  procedure  laid 
down  in  the  Convention  for  the  pacific  settlement  of  international 
disputes,  except  in  so  far  as  the  procedure  is  laid  down  in  the  present 
Convention. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        37 

Article  23 

The  Court  determines  what  language  it  will  itself  use  and  what  Languages, 
languages  may  be  used  before  it. 

Article  24 

The  International  Bureau  serves  as  channel  for  all  communications  ^^^l^^^l°^l^\^i 
to  be  made  to  the  judges  during  the  interchange  of  pleadings  provided  l^^^^°^l^j^ 
for  in  Article  63,  paragraph  2,  of  the  Convention  for  the  pacific  settle- 
ment of  international  disputes. 

Article  25 

For  all  notices  to  be  served,  in  particular  on  the  parties,  witnesses,  ^"ggrved 
or  experts,  the  Court  may  apply  direct  to  the  Government  of  the  State 
on  whose  territory  the  service  is  to  be  carried  out.     The  same  rule 
applies  in  the  case  of  steps  being  taken  to  procure  evidence. 

The  requests  addressed  for  this  purpose  can  only  be  rejected  when 
the  Power  applied  to  considers  them  likely  to  impair  its  sovereign 
rights  or  its  safety.  If  the  request  is  complied  with,  the  fees  charged 
must  only  comprise  the  expenses  actually  incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Court  sits  may 
be  served  through  the  International  Bureau. 

Article  26 

The  discussions  are  under  the  control  of  the  president  or  vice-presi-  ^°"yg°'jQ°g 
dent,  or,  in  case  they  are  absent  or  can  not  act,  of  the  senior  judge 
present. 

The  judge  appointed  by  one  of  the  parties  can  not  preside. 

Article  27 
The  Court  considers  its  decisions  in  private,  and  the  proceedings   Decisions  and 

"^  ±  «->       proceedings. 

are  secret. 

All  decisions  are  arrived  at  by  a  majority  of  the  judges  present.   P^^^^^'^'^jj 
If  the  number  of  judges  is  even  and  equally  divided,  the  vote  of  the 
junior  judge,  in   the  order  of  precedence  laid   down   in   Article  4, 
paragraph  1,  is  not  counted. 


38 


THE  FINAL  ACT  OF  1907 


Requisites  of 

judgment. 


Article  28 

The  judgment  of  the  Court  must  give  the  reasons  on  which  it  is 
based.  It  contains  the  names  of  the  judges  taking  part  in  it;  it  is 
signed  by  the  president  and  registrar. 


Payment 
of  costs. 


Articles  21  and 
29  applicable 
to  procedure  be- 
fore delegation. 


Article  29 

Each  party  pays  its  own  costs  and  an  equal  share  of  the  costs  of 
the  trial. 

Article  30 

The  provisions  of  Articles  21  to  29  are  applicable  by  analogy  to  the 
procedure  before  the  delegation. 

When  the  right  of  attaching  a  member  to  the  delegation  has  been 
exercised  by  one  of  the  parties  only,  the  vote  of  the  member  attached 
is  not  recorded  if  the  votes  are  evenly  divided. 


Expenses 
of  Court. 


Article  31 

The  general  expenses  of  the  Court  are  borne  by  the  contracting 
Powers. 

The  Administrative  Council  applies  to  the  Powers  to  obtain  the 
funds  requisite  for  the  working  of  the  Court. 


Rules  of 
procedure. 


Article  32 

The  Court  itself  draws  up  its  own  rules  of  procedure,  which  must 
be  communicated  to  the  contracting  Powers. 

After  the  ratification  of  the  present  Convention  the  Court  shall  meet 
as  early  as  possible  in  order  to  elaborate  these  rules,  elect  the  president 
and  vice-president,  and  appoint  the  members  of  the  delegation. 


Modifications 

in  provisions 

respecting 

procedure. 


Article  33 

The  Court  may  propose  modifications  in  the  provisions  of  the  present 
Convention  concerning  procedure.  These  proposals  are  communicated 
through  the  Netherland  Government  to  the  contracting  Powers,  which 
will  consider  together  as  to  the  measures  to  be  taken. 


PROJECT  OF  1907  FOR  JUDICIAL  ARBITRATION  COURT        39 

Part  III. — Final  Provisions  provisions. 


Article  34 


Ratification. 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague.  Thrniul 

A  proces-verbal  of  the  deposit  of  each  ratification  shall  be  drawn  up, 

of  which  a  duly  certified  copy  shall  be  sent  through  the  diplomatic 

channel  to  all  the  signatory  Powers. 

Article  35 

The  Convention  shall  come  into  force  six  months  after  its  ratifi-  convention. 
cation. 

It  shall  remain  in  force  for  twelve  years,  and  shall  be  tacitly  re- 
newed for  periods  of  twelve  years,  unless  denounced. 

The  denunciation  must  be  notified,  at  least  two  years  before  the 
expiration  of  each  period,  to  the  Netherland  Government,  which  will 
inform  the  other  Powers. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying  Power'oniy 
Power.     The  Convention  shall  continue  in  force  as  far  as  the  other  affected. 
Powers  are  concerned. 


Denunciation. 


SIGNATURES  AND  RESERVATION! 

The   1899   Final   Act  was  signed  by  plenipotentiaries  of  all  the 
Powers  represented  at  the  First  Conference,  to  wit: 

Austria-Hungary  Montenegro 

Belgium  Netherlands 

Bulgaria  Persia 

China  Portugal 

Denmark  Roumania 

France  Russia 

Germany  Servia 

Great  Britain  Siam 

Greece  Spain 

Italy  Sweden  and  Norway 

Japan  Switzerland 

Luxemburg  Turkey 

Mexico  United  States 


^The  Final  Acts,  being  summaries  of  the  proceedings  of  the  Conferences,  are 
not  conventional  agreements  and  accordingly  are  not  ratified. 


40                            THE  FINAL  ACTS  OF  1899  AND  1907 

The  1907  Final  Act  was  signed  by  the  above-mentioned  Powers,^ 
as  well  as  by  the  following: 

Argentine  Republic  Guatemala 

Bolivia  Haiti 

Brazil  Nicaragua 

Chile  Panama 

Colombia  Peru 

Cuba  Salvador 

Dominican  Republic  Uruguay 

Ecuador  Venezuela 

Reservation:^ 
Switzerland 

Under  reservation  of  Vceu  No.  1,  which  the  Swiss  Federal 
Council  does  not  accept. 


Hn  1907  Norway  and  Sweden  signed  as  separate  Powers. 
^Reservation   made  at  signature. 


THE  HAGUE  CONVENTIONS  OF  1899  (I)  AND  1907  (I)  FOR  THE 

PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES 

1899  1907 

Convention  (I)  for  the  pacific  Convention  (I)  for  the  pacific 
settlement  of  international  dis-  settlement  of  international  dis- 
putes.— Signed  at  The  Hague,  putes. — Signed  at  The  Hague, 
July  29,  1899.  October  18,  1907.^ 

His  Majesty  the  German  Em-  His  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  :  peror,  King  of  Prussia;   [etc.]  : 

Animated  by  a  strong  desire  to         Animated  by  the  sincere  desire  convention 

concert    for   the   maintenance   of  to  work   for  the  maintenance  of 

the  general  peace ;  general  peace ; 

Resolved    to    second    by    their         Resolved  to  promote  by  all  the 

best    efforts    the    friendly    settle-  efforts  in  their  power  the  friendly 

ment  of  international  disputes ;  settlement    of    international    dis- 
putes ; 

Recognizing       the       solidarity         Recognizing  the  solidarity  unit- 

which  unites  the  members  of  the  ing  the  members  of  the  society  of 

society  of  civilized  nations  ;  civilized  nations  ; 

Desirous  of  extending  the  em-  Desirous  of  extending  the  em- 
pire of  law  and  of  strengthening  pire  of  law  and  of  strengthening 
the  appreciation  of  international  the  appreciation  of  international 
justice;  justice; 

Convinced  that  the  permanent  Convinced  that  the  permanent 
institution  of  a  Court  of  Arbi-  institution  of  a  tribunal  of  arbi- 
tration, accessible  to  all,  in  the  tration,  accessible  to  all,  in  the 
midst  of  the  independent  Powers,  midst  of  independent  Powers,  will 
will  contribute  effectively  to  this  contribute  effectively  to  this  re- 
result  ;  suit ; 

Having  regard  to  the  advan-  Having  regard  to  the  advan- 
tages attending  the  general  and  tages  attending  the  general  and 
regular  organization  of  arbitral  regular  organization  of  the  pro- 
procedure  ;  cedure  of  arbitration  ; 


^Italics  indicate  differences  between  the  Conventions  of  1899  and  1907. 


42 


CONVENTIONS  I  OF  1899  AND  1907 


Plenipo- 
tentiaries. 


1899 
Sharing  the  opinion  of  the  au- 
gust initiator  of  the  International 
Peace  Conference  that  it  is  expe- 
dient to  record  in  an  international 
agreement  the  principles  of 
equity  and  right  on  which  are 
based  the  security  of  States  and 
the  welfare  of  peoples ; 


Being  desirous  of  concluding  a 
Convention  to  this  effect,  have  ap- 
pointed as  their  plenipotentiaries, 
to  wit: 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  communication  of 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  on  the 
following  provisions : 


1907  ^ 

Sharing  the  opinion  of  the  au- 
gust initiator  of  the  International 
Peace  Conference  that  it  is  expe- 
dient to  record  in  an  interna- 
tional agreement  the  principles  of 
equity  and  right  on  which  are 
based  the  security  of  States  and 
the  welfare  of  peoples ; 

Being  desirous,  with  this  object, 
of  insuring  the  better  working  in 
practice  of  commissions  of  in- 
quiry and  tribunals  of  arbitration, 
and  of  facilitating  recourse  to  ar- 
bitration in  cases  zvhich  allow  of 
a  summary  procedure; 

Have  deemed  it  necessary  to 
revise  in  certain  particulars  and 
to  complete  the  work  of  the  First 
Peace  Conference  for  the  pacific 
settlement  of  international  dis- 
putes; 

The  high  contracting  Parties 
have  resolved  to  conclude  a  new 
Convention  for  this  purpose,  and 
have  appointed  the  following  as 
their  plenipotentiaries : 

[Here  follow  the  names  of 
plenipotentiaries.  ] 

Who,  after  having  deposited 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon 
the  following: 


Maintenance  of       TiTLE  I. — On  THE  MAINTENANCE       PaRT    I. ThE    MAINTENANCE   OF 

general  peace.  —  .^  ,^  _^ 

OF  THE  General  Peace  General  Peace 


Article  1 


Article  1 


Peaceful 

settlement  of 
differences. 


With  a  view  to  obviating,  as  far         With  a  view  to  obviating  as  far 
as  possible,  recourse  to  force  in     as  possible  recourse  to  force  in  the 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        43 

1899  1907 
the  relations  between  States,  the  relations  between  States,  the  cow- 
signatory  Powers  agree  to  use  trading  Powers  agree  to  use  their 
their  best  efforts  to  insure  the  best  efforts  to  insure  the  pacific 
pacific  settlement  of  international  settlement  of  international  differ- 
differences.  ences. 


Title    II. — On     Good    Offices     Part    II. — Good     Offices     and  Good  offices 

and  mediation. 

AND  Mediation  Mediation 


Article  2 

In  case  of  serious  disagreement 
or  conflict,  before  an  appeal  to 
arms,  the  signatory  Powers  agree 
to  have  recourse,  as  far  as  cir- 
cumstances allow,  to  the  good 
offices  or  mediation  of  one  or 
more  friendly  Powers. 


Article  2 

In  case  of  serious  disagreement  go^o'^d  office*s°of 
or  dispute,  before  an  appeal  to  f"«diy  Powers, 
arms,  the  contracting  Powers 
agree  to  have  recourse,  as  far  as 
circumstances  allow,  to  the  good 
offices  or  mediation  of  one  or 
more  friendly  Powers. 


Article  3 

Independently  of  this  recourse, 
the  signatory  Powers  recommend 
that  one  or  more  Powers,  stran- 
gers to  the  dispute,  should,  on 
their  own  initiative,  and  as  far  as 
circumstances  may  allow,  offer 
their  good  offices  or  mediation  to 
the  States  at  variance. 

Powers,  strangers  to  the  dis- 
pute, have  the  right  to  offer  good 
offices  or  mediation,  even  during 
the  course  of  hostilities. 

The  exercise  of  this  right  can 
never  be  regarded  by  one  or  the 
other  of  the  parties  in  conflict  as 
an  unfriendly  act. 


Article  3 

Independently  of  this  recourse,  ^f|i"t?n 
the  contracting  Powers  deem  it 
expedient  and  desirable  that  one 
or  more  Powers,  strangers  to  the 
dispute,  should,  on  their  own  in- 
itiative and  as  far  as  circum- 
stances may  allow,  offer  their 
good  offices  or  mediation  to  the 
States  at  variance. 

Powers  strangers  to  the  dispute 
have  the  right  to  offer  good  offices 
or  mediation  even  during  the 
course  of  hostilities. 

The  exercise  of  this  right  can 
never  be  regarded  by  either  of  the 
parties  in  dispute  as  an  unfriendly 
act. 


During 
hostilities. 


Not  an 
unfriendly  act. 


44 


CONVENTIONS  I  OF  1899  AND  1907 


Function  of 
mediator. 


1899 
Article  4 


1907 
Article  4 


The  part  of  the  mediator  con-  The  part  of  the  mediator  con- 
sists in  reconcihng  the  opposing  sists  in  reconciUng  the  opposing 
claims  and  appeasing  the  feehngs  claims  and  appeasing  the  feelings 
of  resentment  which  may  have  of  resentment  which  may  have 
arisen  between  the  States  at  vari-  arisen  between  the  States  at  vari- 
ance, ance. 


End  of  media- 
tor's functions. 


Not  binding. 


War  measures 
not  interrupted. 


Article  5 

The  functions  of  the  mediator 
are  at  an  end  when  once  it  is  de- 
clared, either  by  one  of  the  parties 
to  the  dispute,  or  by  the  mediator 
himself,  that  the  means  of  recon- 
ciliation proposed  by  him  are  not 
accepted. 

Article  6 

Good  offices  and  mediation, 
either  at  the  request  of  the  par- 
ties at  variance,  or  on  the  initia- 
tive of  Powers  strangers  to  the 
dispute,  have  exclusively  the 
character  of  advice  and  never 
have  binding  force. 

Article  7 

The  acceptance  of  mediation 
can  not,  unless  there  be  an  agree- 
ment to  the  contrary,  have  the 
effect  of  interrupting,  delaying, 
or  hindering  mobilization  or  other 
measures  of  preparation  for  war. 

If  mediation  occurs  after  the 
commencement  of  hostilities  it 
causes  no  interruption  to  the  mil- 
itary operations  in  progress,  un- 


Article  5 

The  functions  of  the  mediator 
are  at  an  end  when  once  it  is  de- 
clared, either  by  one  of  the  parties 
to  the  dispute  or  by  the  mediator 
himself,  that  the  means  of  recon- 
ciHation  proposed  by  him  are  not 
accepted. 

Article  6 

Good  offices  and  mediation  un- 
dertaken either  at  the  request  of 
the  parties  in  dispute  or  on  the  in- 
itiative of  Powers  strangers  to  the 
dispute  have  exclusively  the  char- 
acter of  advice,  and  never  have 
binding  force. 

Article  7 

The  acceptance  of  mediation 
can  not,  unless  there  be  an  agree- 
ment to  the  contrary,  have  the 
effect  of  interrupting,  delaying,  or 
hindering  mobilization  or  other 
measures  of  preparation  for  war. 

If  it  takes  place  after  the  com- 
mencement of  hostilities,  the  mili- 
tary operations  in  progress  are 
not  interrupted  in  the  absence  of 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        45 

1899  1907 

less  there  be  an  agreement  to  the  an  agreement  to  the  contrary, 
contrary. 

Article  8  Article  8 

The     signatory      Powers      are  The    contracting    Powers    are  ^pedai.^^ 
agreed  in  recommending  the  ap-  agreed  in  recommending  the  ap- 
plication,     when      circumstances  plication,  when  circumstances  al- 
allow,  of  special  mediation  in  the  low,  of  special  mediation  in  the 
following  form:  following  form: 

In  case  of  a  serious  difference  In  case  of  a  serious  difference  |^J^^|j^fg_ 

endangering  the  peace,  the  States  endangering  peace,  the  States  at 

at  variance  choose  respectively  a  variance    choose    respectively    a 

Power,  to  whom  they  intrust  the  Power,  to  which  they  intrust  the 

mission    of    entering    into    direct  mission    of    entering    into    direct 

communication    with    the    Power  communication    with    the    Power 

chosen  on  the  other  side,  with  the  chosen  on  the  other  side,  with  the 

object  of  preventing  the  rupture  object  of  preventing  the  rupture 

of  pacific  relations.  of  pacific  relations. 

For  the  period  of  this  mandate.  For  the  period  of  this  mandate,  Sc'aTion°"ra's. 
the  term  of  which,  unless  other-  the  term  of  which,  unless  other-  •'n^^fsput?^*" 
wise  stipulated,  can  not  exceed  wise  stipulated,  can  not  exceed 
thirty  days,  the  States  in  conflict  thirty  days,  the  States  in  dispute 
cease  from  all  direct  communica-  cease  from  all  direct  communica- 
tion on  the  subject  of  the  dispute,  tion  on  the  subject  of  the  dispute, 
which  is  regarded  as  referred  which  is  regarded  as  referred  ex- 
exclusively  to  the  mediating  clusively  to  the  mediating  Powers, 
Powers,  who  must  use  their  best  which  must  use  their  best  efforts 
efforts  to  settle  it.  to  settle  it. 

In  case  of  a  definite  rupture  of  In  case  of  a  definite  rupture  of  Efforts  to 

^  ^                        restore  peace. 

pacific  relations,  these  Powers  are  pacific  relations,  these  Powers  are 

charged   with   the   joint   task   of  charged  with  the  joint  task  of  tak- 

taking  advantage  of   any  oppor-  ing  advantage  of  any  opportunity 

tunity  to  restore  peace.  to  restore  peace. 

Title   III. — On    International  Part  III. — International  Com-  J^^^"fs|°"s^ 

Commissions  of  Inquiry  missions  of  Inquiry             of  inquiry. 

Article  9  Article  9 

In    differences   of    an    interna-  In  disputes  of  an  international  l^^^fS^^^l^'^'ll 

tional    nature    involving    neither  nature    involving    neither    honor  of  opinion 

o  ^                                               as  to   facts. 


46 


CONVENTIONS  I  OF  1899  AND  1907 


1899 
honor  nor  vital  interests,  and 
arising  from  a  difference  of  opin- 
ion on  points  of  fact,  the  signatory 
Powers  recommend  that  the  par- 
ties, who  have  not  been  able  to 
come  to  an  agreement  by  means 
of  diplomacy,  should  as  far  as 
circumstances  allow,  institute  an 
international  commission  of  in- 
quiry, to  facilitate  a  solution  of 
these  differences  by  elucidating 
the  facts  by  means. of  an  impartial 
and  conscientious  investigation. 


1907 
nor  vital  interests,  and  arising 
from  a  difference  of  opinion  on 
points  of  fact,  the  contracting 
Powers  deem  it  expedient  and  de- 
sirable that  the  parties  who  have 
not  been  able  to  come  to  an  agree- 
ment by  means  of  diplomacy, 
should,  as  far  as  circumstances 
allow,  institute  an  international 
commission  of  inquiry,  to  facili- 
tate a  solution  of  these  disputes 
by  elucidating  the  facts  by  means 
of  an  impartial  and  conscientious 
investigation. 


special 
agreements. 


Extent  of 

•commission's 

jurisdiction. 


.Meetings,  etc. 


Article  10 

The  international  commissions 
of  inquiry  are  constituted  by 
special  agreement  between  the 
parties  in  conflict. 

The  convention  for  an  inquiry 
defines  the  facts  to  be  examined 
and  the  extent  of  the  commis- 
sioners' powers. 

It  settles  the  procedure. 

On  the  inquiry  both  sides  must 
be  heard.^ 

The  form  and  the  periods  to  be 
observed,  if  not  stated  in  the 
inquiry  convention,  are  decided 
by  the  commission  itself. 


Article  10 

International  commissions  of 
inquiry  are  constituted  by  special 
agreement  between  the  parties  in 
dispute. 

The  inquiry  convention  defines 
the  facts  to  be  examined ;  it  deter- 
mines the  mode  and  time  in  ivhich 
the  commission  is  to  be  formed 
and  the  extent  of  the  powers  of 
the  commissioners. 

It  also  determines,  if  there  is 
need,  where  the  commission  is  to 
sit,  and  whether  it  may  remove  to 
another  place,  the  language  the 
commission  shall  use  and  the  lan- 
guages the  use  of  which  shall  be 
authorised  before  it,  as  zvell  as  the 
date  on  which  each  party  must 
deposit  its  statement  of  facts,  and, 
generally  speaking,  all  the  condi- 
tions upon  which  the  parties  have 
agreed. 


iThis  provision  appears  in  Article  19  of  the  1907  Convention,  post,  p.  49. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        47 


1899 


1907 

//  the  parties  consider  it  neces-  Assessors. 
sary    to    appoint    assessors,    the 
convention  of  inquiry  shall  deter- 
mine the  mode  of  their  selection 
and  the  extent  of  their  powers. 

Article  11 

//  the  inquiry   convention  has  mM'tL°^etc 
not   determined   where   the   com- 
mission is  to  sit,  it  will  sit  at  The 
Hague. 

The  place  of  meeting,  once 
fixed,  can  not  be  altered  by  the 
commission  except  with  the  assent 
of  the  parties. 

If  the  inquiry  convention  has 
not  determined  zvhat  languages  are 
to  be  employed,  the  question  shall 
be  decided  by  the  commission. 


Article  11 

The  international  commissions 
of  inquiry  are  formed,  unless 
otherwise  stipulated,  in  the  man- 
ner fixed  by  Article  32  of  the 
present  convention. 


Article  12 

Unless  an  undertaking  is  made  Forn^ation. 
to  the  contrary,  commissions  of 
inquiry  shall  be  formed  in  the 
manner  determined  by  Articles 
45  and  57  of  the  present  Conven- 
tion. 

Article  13 


Should  one  of  the  commission- 
ers or  one  of  the  assessors,  should 
there  be  any,  either  die,  or  resign, 
or  be  unable  for  any  reason  what- 
ever to  discharge  his  functions, 
the  same  procedure  is  followed  for 
filling  the  vacancy  as  was  followed 
for  appointing  him. 


Filling 
vacancies. 


48 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


Special  agents. 


Counsel. 


Assistance  of 
International 
Bureau. 


Registry. 


Functions 


1907 
Article  14 

The  parties  are  entitled  to  ap- 
point special  agents  to  attend  the 
commission  of  inquiry,  luhose  duty 
it  is  to  represent  them  and  to  act 
as  intermediaries  between  them 
and  the  commission. 

They  are  further  authorized  to 
engage  counsel  or  advocates,  ap- 
pointed by  themselves,  to  state 
their  case  and  uphold  their  inter- 
ests before  the  commission. 

Article  15 

The  International  Bureau  of 
the  Permanent  Court  of  Arbitra- 
tion acts  as  registry  for  the  com- 
missions which  sit  at  The  Hague, 
and  shall  place  its  offices  and  staff 
at  the  disposal  of  the  contracting 
Powers  for  the  use  of  the  commis- 
sion of  inquiry. 

Article  16 

If  the  commission  meets  else- 
where than  at  The  Hague,  it  ap- 
points a  secretary  general,  whose 
office  serves  as  registry. 

It  is  the  function  of  the  registry, 
under  the  control  of  the  presi- 
dent, to  make  the  necessary 
arrangements  for  the  sittings  of 
the  commission,  the  preparation 
of  the  minutes,  and,  while  the 
inquiry  lasts,  for  the  charge  of 
the  archives,  which  shall  subse- 
quently be  transferred  to  the  In- 
ternational Bureau  at  The  Hague. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        49 

1899  1907 

Article  17 

In  order  to  facilitate  the  con-  General  rules 

•'  or  procedure. 

stitution  and  working  of  commis- 
sions of  inquiry,  the  contracting 
Powers  recommend  the  following 
rules,  which  shall  be  applicable 
to  the  inquiry  procedure  in  so  far 
as  the  parties  do  not  adopt  other 
rules. 

Article  18 

The  commission  shall  settle  the  Further  details. 
details  of  the  procedure  not  cov- 
ered by  the  special  inquiry  con- 
vention or  the  present  Conven- 
tion, and  shall  arrange  all  the  for- 
malities required  for  dealing  with 
the  evidence. 

Article  19 

On  the  inquiry  both  sides  must  Hearings, 
be  heard.^ 

At  the  dates  fixed,  each  party 
communicates  to  the  commis- 
sion and  to  the  other  party  the 
statements  of  facts,  if  any,  and, 
in  all  cases,  the  instruments,  pa- 
pers, and  documents  which  it  con- 
siders useful  for  ascertaining  the 
truth,  as  well  as  the  list  of  wit- 
nesses and  experts  whose  evidence 
it  wishes  to  be  heard. 

Article  20 
The     commission     is     entitled,   Change  of 

meeting  place. 

with  the  assent  of  the  Powers,  to 
move    temporarily    to    any    place 


iSee  Article  10  of  the  1899  Convention,  ante,  p.  46. 


50 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


1907 

where  it  considers  it  may  he  useful 
to  have  recourse  to  this  means 
of  inquiry  or  to  send  one  or  more 
of  its  members.  Permission  must 
be  obtained  from  the  State  on 
whose  territory  it  is  proposed  to 
hold  the  inquiry. 


Presence  at 
investigations. 


Article  21 

Every  investigation,  and  every 
examination  of  a  locality,  must  be 
made  in  the  presence  of  the  agents 
and  counsel  of  the  parties  or  after 
they  have  been  duly  summoned. 


Explanations, 
etc. 


Article  22 

The  commission  is  entitled  to 
ask  from  either  party  for  such  ex- 
planations and  information  as  it 
considers  necessary. 


Presenting 
.evidence. 


Appearance 
of  witnesses. 


Article  12 

The  Powers  in  dispute  engage 
to  supply  the  international  com- 
mission of  inquir}?^,  as  fully  as 
they  may  think  possible,  with  all 
means  and  facilities  necessary  to 
enable  it  to  be  completely  ac- 
quainted with  and  to  accurately 
understand  the  facts  in  question. 


Article  23 

The  parties  undertake  to  sup- 
ply the  commission  of  inquiry,  as 
fully  as  they  may  think  possible, 
with  all  means  and  facilities  neces- 
sary to  enable  it  to  become  com- 
pletely acquainted  with,  and  to 
accurately  understand,  the  facts 
in  question. 

They  undertake  to  make  use  of 
the  means  at  their  disposal,  under 
their  municipal  law,  to  insure  the 
appearance  of  the  zvitnesses  or  ex- 
perts zvho  are  in  their  territory 
and  have  been  summoned  before 
the  commission. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        51 

1899  1907 

//  the  witnesses  or  experts  are  depositions. 
unable  to  appear  before  the  com- 
mission, the  parties  will  arrange 
for  their  evidence  to  be  taken  he- 
fore  the  qualified  officials  of  their 
own  country. 

Article  24 

For  all  notices  to  be  served  by  ft?er "luntHes!" 
the  commission  in  the  territory  of 
a  third  contracting  Power,  the 
commission  shall  apply  direct  to 
the  Government  of  the  said  Pow- 
er. The  same  rule  applies  in  the 
case  of  steps  being  taken  on  the 
spot  to  procure  evidence. 

The  requests  for  this  purpose 
are  to  be  executed  so  far  as  the 
means  at  the  disposal  of  the 
Power  applied  to  under  its  munici- 
pal law  allow.  They  can  not 
be  rejected  unless  the  Pozver  in 
question  considers  they  are  cal- 
culated to  impair  its  sovereign 
rights  or  its  safety. 

The  commission  will  equally 
be  always  entitled  to  act  through 
the  Power  on  zvh6<!e  territory  it 
sits. 

Article  25 
The  witnesses  and  experts  are  Summoning 

^  witnesses. 

summoned  on  the  request  of  the 
,  parties  or  by  the  commission  of 

its  own  motion,  and,  in  every 
case,  through  the  Government  of 
the  State  in  whose  territory  they 
are. 


52 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


Hearings. 


1907 

The  witnesses  are  heard  in  suc- 
cession and  separately,  in  the 
presence  of  the  agents  and  coun- 
sel, and  in  the  order  fixed  by  the 
commission. 


Examination 
of  witnesses. 


Article  26 

The  examination  of  witnesses 
is  conducted  by  the  president. 

The  members  of  the  commis- 
sion may  however  put  to  each 
witness  questions  which  they 
consider  likely  to  throw  light  on 
and  complete  his  evidence,  or  get 
information  on  any  point  con- 
cerning the  witness  within  the 
limits  of  what  is  necessary  in 
order  to  get  at  the  truth. 

The  agents  and  counsel  of  the 
parties  may  not  interrupt  the  wit- 
ness when  he  is  making  his  state- 
ment, nor  put  any  direct  question 
to  him,  but  they  may  ask  the 
president  to  put  such  additional 
questions  to  the  witness  as  they 
think  expedient. 


Restriction 
on  witnesses. 


Article  27 

The  witness  must  give  his  evi- 
dence zvithout  being  allozved  to 
read  any  written  draft.  He  may, 
however,  be  permitted  by  the 
president  to  consult  notes  or 
documents  if  the  nature  of  the 
facts  referred  to  necessitates  their 
employment. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        53 

1899  1907 

Article  28 

A  minute  of  the  evidence  of  the  J/|"fdalfce 
witness  is  drazvn  up  forthwith  and 
read  to  the  witness.  The  latter 
may  make  such  alterations  and 
additions  as  he  thinks  necessary, 
which  will  be  recorded  at  the  end 
of  his  statement. 

When  the  whole  of  his  state- 
ment has  been  read  to  the  witness, 
he  is  asked  to  sign  it. 

Article  29 

The  agents  are  authorized,  in  by^lfg'^nt'J.* 
the  course  of  or  at  the  close  of 
the  inquiry,  to  present  in  writing 
to  the  commission  and  to  the 
other  party  such  statements, 
requisitions,  or  summaries  of  the 
facts  as  they  consider  useful  for 
ascertaining  the  truth. 

Article  30 
The   commission    considers   its  Decisions  of 

commission, 

decisions  in  private   and  the  pro- 
ceedings are  secret. 

All  questions  are  decided  by  a  ^^^J^lJ^ 
majority  of  the  members  of  the 
commission. 

If  a  member  declines  to  vote,  deTunhig* 
the  fact  must  be  recorded  in  the  ^°  ^°^^- 
minutes. 

Article  31 

The  sittings  of  the  commission  ni"'pfbiic!''"' 
are  not  public,   nor  the   minutes 
and    documents    connected    with 
the  inquiry    published    except   in 


54 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


1907 

virtue  of  a  decision  of  the  com- 
mission taken  with  the  consent  of 
the  parties. 


Termination 
of  inquiry. 


Article  32 

After  the  parties  have  pre- 
sented all  the  explanations  and 
evidence,  and  the  witnesses  have 
all  been  heard,  the  president  de- 
clares the  inquiry  terminated,  and 
the  commission  adjourns  to  de- 
liberate and  to  draw  up  its  re- 
port. 


Report. 


Article  13 


Article  33 


The    international    commission         The  report  is  signed  by  all  the-, 
of   inquiry  communicates  its   re-     members  of  the  commission, 
port    to    the    conflicting    Powers,         //  one  of  the  members  refuses 
signed  by  all  the  members  of  the     to  sign,  the  fact  is  mentioned;  but 
commission.  the  validity  of  the  report  is  not 

affected. 


Reading 
of  report. 


Article  34 

The  report  of  the  commission- 
is  read  at  a  public  sitting,  the 
agents  and  counsel  of  the  parties- 
being  present  or  duly  summoned. 

A  copy  of  the  report  is  given  to- 
each  party. 


Effect 
of  report. 


Article  14 


Article  35 


The  report  of  the  international  The  report  of  the  commission 

commission  of  inquiry  is  limited  is  limited  to  a  statement  of  facts, 

to  a  statement  of  facts,  and  has  and  has  in  no  way  the  character 

in   no   way    the   character   of   an  of   an   award.      It   leaves   to   the 

arbitral    award.      It    leaves    the  parties  entire  freedom  as  to  the- 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       55 

1899  1907 

conflicting  Powers  entire  freedom     eifect  to   be  given   to  the  state- 
as  to  the  effect  to  be  given  to  this     ment. 
statement. 

Article  36 

Each  party  pays  its  own  ex-  Expenses. 
penses  and  an  equal  share  of  the 
expenses  incurred  by  the  commis- 
sion. 


Title   IV. — On    International 
Arbitration 

Chapter  I. — On  the  System  of 
Arbitration 

Article  15 


Part  IV. — International 
Arbitration 


Internationa] 
arbitration. 


Chapter  I. — The  System  of  Arbi-  System. 

tration  ^5*-*- 

Article  37 


International     arbitration     has         International  arbitration  has  for  Object, 
for  its  object  the   settlement  of     its  object  the  settlement  of  dis- 
differences     between     States     by     putes  between  States  by  judges  of 


judges  of  their  own  choice,  and 
on  the  basis  of  respect  for  law. 


their  own  choice  and  on  the  basis 
of  respect  for  law. 

Recourse  to  arbitration  implies  fo"a™ard°° 
an  engagement  to  submit  in  good 
faith  to  the  award.^ 


Article  16^ 

In  questions  of  a  legal  nature, 
and  especially  in  the  interpreta- 
tion or  application  of  interna- 
tional conventions,  arbitration  is 
recognized  by  the  signatory  Pow- 
ers as  the  most  effective,  and  at 
the  same  time  the  most  equitable, 
means  of  settling  disputes  which 
diplomacy  has  failed  to  settle. 


Article  38^ 

In  questions  of  a  legal  nature,  b^plw^TV! 
and  especially  in  the  interpreta- 
tion or  appHcation  of  interna- 
tional conventions,  arbitration  is 
recognized  by  the  contracting 
Powers  as  the  most  effective,  and, 
at  the  same  time,  the  most  equi- 
table means  of  settling  disputes 
which  diplomacy  has  failed  to 
settle. 

Consequently,  it  would  be  de-  ^^°^^^^^ 


iCf.  Article  18  of  the  1899  Convention,  post,  p.  56, 
^See  the  footnote  on  p.  56. 


56 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


Questions  to 
be  considered. 


Article  17^ 

The  arbitration  convention  is 
concluded  for  questions  already- 
existing  or  for  questions  which 
may  arise  eventually. 

It  may  embrace  any  dispute  or 
only  disputes  of  a  certain  cate- 
gory. 

Article  18 

The  arbitration  convention  im- 
plies the  engagement  to  submit 
loyally  to  the  award.^ 


1907 

sirahle  that,  in  disputes  about  the 
above-mentioned  questions,  the 
contracting  Powers  should,  if  the 
case  arose,  have  recourse  to  arbi- 
tration, in  so  far  as  circumstances 
permit. 

Article  39^ 

The  arbitration  convention  is 
concluded  for  questions  already 
existing  or  for  questions  which 
may  arise  eventually. 

It  may  embrace  any  dispute  or 
only  disputes  of  a  certain  cate- 
gory.2 


Extension  of 

principle 

reserved. 


Article  19^ 

Independently  of  general  or 
private  treaties  expressly  stipu- 
lating recourse  to  arbitration  as 
obligatory  on  the  signatory  Pow- 
ers, these  Powers  reserve  to  them- 
selves the  right  of  concluding, 
either  before  the  ratification  of 
the  present  Act  or  later,  new 
agreements,  general  or  private, 
with  a  view  to  extending  obliga- 
tory arbitration  to  all  cases  which 
they  may  consider  it  possible  to 
submit  to  it. 


Article  40^ 

Independently  of  general  or  pri- 
vate treaties  expressly  stipulat- 
ing recourse  to  arbitration  as  obli- 
gatory on  the  contracting  Powers, 
the  said  Powers  reserve  to  them- 
selves the  right  of  concluding  new 
agreements,  general  or  particu- 
lar, with  a  view  to  extending 
compulsory  arbitration  to  all 
cases  which  they  may  consider  it 
possible  to  submit  to  it. 


^See  the  reservations  of  Roumania  respecting  Articles  16,  17  and  19  of  the  1899 
Convention  and  the  corresponding  articles  of  the  1907  Convention,  post,  pp.  82,  86. 
^Chile  also  made  a  reservation  respecting  Article  39,  post,  p.  86. 
3Cf.  Article  2i7 ,  paragraph  2,  of  the  1907  Convention,  ante,  p.  55. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        hi 


1899 
Chapter  II. — On  the  Permanent 
Court  of  Arbitration 

Article  20 

With  the  object  of  facilitating 
an  immediate  recourse  to  arbitra- 
tion for  international  differences, 
which  it  has  not  been  possible  to 
settle  by  diplomacy,  the  signa- 
tory Powers  undertake  to  organ- 
ize a  Permanent  Court  of  Arbi- 
tration, accessible  at  all  times 
and  operating,  unless  otherwise 
stipulated  by  the  parties,  in  ac- 
cordance with  the  rules  of  pro- 
cedure inserted  in  the  present 
Convention. 


1907 
Chapter     II. — The 

Court  of  Arbitration 

Article  41 


Permanent    Permanent 
Court  of 
Arbitration. 


With  the  object  of  facihtating 
an  immediate  recourse  to  arbitra- 
tion for  international  differences, 
which  it  has  not  been  possible  to 
settle  by  diplomacy,  the  contract- 
ing Powers  undertake  to  main- 
tain the  Permanent  Court  of  Ar- 
bitration, as  established  by  the 
First  Peace  Conference,  accessible 
at  all  times,  and  operating,  unless 
otherwise  stipulated  by  the  par- 
ties, in  accordance  with  the  rules 
of  procedure  inserted  in  the  pres- 
ent Convention. 


Maintenance 
agreed  to. 


Article  21 


Article  42 


The  Permanent  Court  shall  be  The  Permanent  Court  is  compe-  Authority, 
competent     for     all     arbitration  tent  for  all  arbitration  cases,  un- 
cases, unless  the  parties  agree  to  less  the  parties  agree  to  institute 
institute  a  special  tribunal.  a  special  tribunal. 


Article  22 


An  International  Bureau,  estab- 
lished at  The  Hague,  serves  as 
record  office  for  the  Court. 

This  Bureau  is  the  channel  for 
communications  relative  to  the 
meetings  of  the  Court. 

It  has  the  custody  of  the 
archives  and  conducts  all  the 
administrative  business. 


Article  43 

The   Permanent   Court   sits   at  Location. 
The  Hague.^ 
An  International  Bureau  serves   international 

Bureau. 

as  registry  for  the  Court.  It  is  Purpose,  etc 
the  channel  for  communications 
relative  to  the  meetings  of  the 
Court;  it  has  charge  of  the  ar- 
chives and  conducts  all  the  ad- 
ministrative business. 


iCf.  Article  25,  paragraph  1,  of  the  1899  Convention,  post,  p.  61. 


58 


CONVENTIONS  I  OF  1899  AND  1907 


Awards  of 

special 
tribunals. 


Execution 
of  awards. 


1899 

The  signatory  Powers  under- 
take to  communicate  to  the  Inter- 
national Bureau  at  The  Hague  a 
duly  certified  copy  of  any  con- 
ditions of  arbitration  arrived  at 
between  them,  and  of  any  award 
concerning  them  delivered  by 
special  tribunals. 

They  undertake  also  to  commu- 
nicate to  the  Bureau  the  laws, 
regulations,  and  documents 
eventually  showing  the  execution 
of  the  awards  given  by  the  Court. 


1907 

The  contracting  Powers  under- 
take to  communicate  to  the  Bu- 
reau, as  soon  as  possible,  a  certi- 
fied copy  of  any  conditions  of  ar- 
bitration arrived  at  between  them 
and  of  any  award  concerning 
them  delivered  by  a  special  tri- 
bunal. 

They  likewise  undertake  to 
communicate  to  the  Bureau  the 
laws,  regulations,  and  documents 
eventually  showing  the  execution 
of  the  awards  given  by  the  Court. 


Selection 

of  arbitrators. 


List  of  members. 


Changes. 


Selection 
in  common. 


Article  23 

Within  the  three  months  fol- 
lowing its  ratification  of  the  pres- 
ent Act,  each  signatory  Power 
shall  select  four  persons  at  the 
most,  of  known  competency  in 
questions  of  international  law, 
of  the  highest  moral  reputation, 
and  disposed  to  accept  the  duties 
of  arbitrators. 

The  persons  thus  selected  shall 
be  inscribed,  as  members  of  the 
Court,  in  a  list  which  shall  be 
notified  by  the  Bureau  to  all  the 
signatory  Powers. 

Any  alteration  in  the  list  of 
arbitrators  is  brought  by  the 
Bureau  to  the  knowledge  of  the 
signatory  Powers. 

Two  or  more  Powers  may  agree 
on  the  selection  in  common  of  one 
or  more  members. 

The  same  person  can  be  selected 
by  different  Powers. 


Article  44 

Each  contracting  Power  selects 
four  persons  at  the  most,  of 
known  competency  in  questions 
of  international  law,  of  the  high- 
est moral  reputation,  and  dis- 
posed to  accept  the  duties  of  ar- 
bitrator. 


The  persons  thus  selected  are 
inscribed,  as  members  of  the 
Court,  in  a  list  which  shall  be  no- 
tified to  all  the  contracting  Pow- 
ers by  the  Bureau. 

Any  alteration  in  the  list  of 
arbitrators  is  brought  by  the 
Bureau  to  the  knowledge  of  the 
contracting  Powers. 

Two  or  more  Powers  may  agree 
on  the  selection  in  common  of  one 
or  more  members. 

The  same  person  can  be  se- 
lected by  different  Powers. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        59 


1899 

The  members  of  the  Court  are 
appointed  for  a  term  of  six  years. 
Their  appointments  can  be  re- 
newed. 

In  case  of  the  death  or  retire- 
ment of  a  member  of  the  Court, 
his  place  shall  be  filled  in  accord- 
ance with  the  method  of  his 
appointment. 


Article  24 

When  the  signatory  Powers  de- 
sire to  have  recourse  to  the  Per- 
manent Court  for  the  settlement 
of  a  difference  that  has  arisen  be- 
tween them,  the  arbitrators  called 
upon  to  form  the  competent 
tribunal  to  decide  this  difference 
must  be  chosen  from  the  general 
list  of  members  of  the  Court. 

Failing  the  direct  agreement  of 
the  parties  on  the  composition  of 
the  arbitration  tribunal,  the  fol- 
lowing course  shall  be  pursued : 

Each  party  appoints  two  arbi- 
trators, and  these  together  choose 
an  umpire. 


If  the  votes  are  equal,  the  choice 
of  the  umpire  is  intrusted  to  a 
third  Power,  selected  by  the  par- 
ties by  common  accord. 


1907 

The  members  of  the  Court  are  Term  of 

.  service. 

appomted  for  a  term  of  six  years. 
These  appointments  are  renew- 
able. 

Should  a  member  of  the  Court  Vacancies, 
die  or  resign,  the  same  procedure 
is  followed  for  filling  the  vacancy  v 
as  was  followed  for  appointing 
him.  In  this  case  the  appoint- 
ment is  made  for  a  fresh  period  of 
six  years. 

Article  45 

When  the   contracting  Powers   Powers  to 

"^  choose  tribunal. 

Wish  to  have  recourse  to  the  Per- 
manent Court  for  the  settlement 
of  a  difference  which  has  arisen 
between  them,  the  arbitrators 
called  upon  to  form  the  tribunal 
with  jurisdiction  to  decide  this 
difference  must  be  chosen  from 
the  general  list  of  members  of  the 
Court. 

FaiHng    the    direct    agreement  ^^^1^^^°^ 
of  the  parties  on  the  composition  agreement, 
of    the    arbitration    tribunal,    the 
following    course    shall    be    pur- 
sued: y    ^, 

Each    party    appoints    two    ar-  Appointment 

'^  ^  ^  of  separate 

bitrators,  of  zvhom  one  only  can  arbitrators. 
he  its  national  or  chosen  from 
among  the  persons  selected  by  it 
as  members  of  the  Permanent 
Court.  These  arbitrators  together 
choose  an  umpire. 

If  the  votes  are  equally  divided,   Umpire, 
the  choice  of  the  umpire  is  in- 
trusted to  a  third  Power,  selected 
bv  the  parties  bv  common  accord. 


60 


CONVENTIONS  I  OF  1899  AND  1907 


Selection  by 
other  Powers. 


Determination 
Oof  umpire 
in  case  of 
disagreement. 


Notification 
to  Bureau. 


Notification 
to  arbitrators. 


Meeting  of 
tribunal. 


Diplomatic 
privileges. 


1899 

If  an  agreement  is  not  arrived 
at  on  this  subject,  each  party  se- 
lects a  different  Power,  and  the 
choice  of  the  umpire  is  made  in 
concert  by  the  Powers  thus 
selected. 


The  tribunal  being  thus  com- 
posed, the  parties  notify  to  the 
Bureau  their  determination  to 
have  recourse  to  the  Court  and 
the  names  of  the  arbitrators. 


The  tribunal  of  arbitration  as- 
sembles on  the  date  fixed  by  the 
parties. 

The  members  of  the  Court,  in 
the  discharge  of  their  duties  and 
out  of  their  own  country,  enjoy 
diplomatic  privileges  and  immu- 
nities. 


1907 

If  an  agreement  is  not  arrived 
at  on  this  subject  each  party 
selects  a  different  Power,  and  the 
choice  of  the  umpire  is  made  in 
concert  by  the  Powers  thus  se- 
lected. 

If,  within  two  months'  time, 
these  two  Powers  can  not  come 
to  an  agreement,  each  of  them 
presents  two  candidates  taken 
from  the  list  of  members  of  the 
Permanent  Court,  exclusive  of 
the  members  selected  by  the  par- 
ties and  not  being  nationals  of 
either  of  them.  Drawing  lots 
determines  which  of  the  candi- 
dates thus  presented  shall  be 
umpire. 

Article  46 

The  tribunal  being  thus  com- 
posed, the  parties  notify  to  the 
Bureau  their  determination  to 
have  recourse  to  the  Court,  the 
text  of  their  compromis,  and  the 
names  of  the  arbitrators. 

The  Bureau  communicates  with- 
out delay  to  each  arbitrator  the 
compromis,  and  the  names  of  the 
other  members  of  the  tribunal. 

The  tribunal  assembles  at  the 
date  fixed  by  the  parties.  The 
Bureau  makes  the  necessary  ar- 
rangements for  the  meeting. 

The  members  of  the  tribunal, 
in  the  exercise  of  their  duties  and 
out  of  their  own  country,  enjoy 
diplomatic  privileges  and  immu- 
nities. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        61 


1899 

Article  25 

The  tribunal  of  arbitration  has 
its  ordinary  seat  at  The  Hague.^ 

Except  in  cases  of  necessity, 
the  place  of  session  can  only  be 
altered  by  the  tribunal  with  the 
assent  of  the  parties. 

Article  26 

The  International  Bureau  at 
The  Hague  is  authorized  to  place 
its  premises  and  its  staff  at  the 
disposal  of  the  signatory  Powers 
for  the  operations  of  any  special 
board  of  arbitration. 

The  jurisdiction  of  the  Perma- 
nent Court,  may,  within  the  con- 
ditions laid  down  in  the  regula- 
tions, be  extended  to  disputes 
between  non-signatory  Powers, 
or  between  signatory  Powers  and 
non-signatory  Powers,  if  the  par- 
ties are  agreed  on  recourse  to 
this  tribunal. 


1907 


Article  47 
The    Bureau    is    authorized    to  Use  of  Bureau 

for  special 

place  its  offices  and  staff  at  the  boards. 
disposal  of  the  contracting  Pow- 
ers   for   the   use   of    any    special 
board  of  arbitration. 


The  jurisdiction  of  the  Perma- 
nent Court  may,  within  the  con- 
ditions laid  down  in  the  regula- 
tions, be  extended  to  disputes 
between  non-contracting  Powers 
or  between  contracting  Powers 
and  non-contracting  Powers,  if 
the  parties  are  agreed  on  recourse 
to  this  tribunal. 


Extension  to 
non-contract- 
ing Powers. 


Article  27 

The  signatory  Powers  consider 
it  their  duty,  if  a  serious  dispute 
threatens  to  break  out  between 
two  or  more  of  them,  to  remind 
these  latter  that  the  Permanent 
Court  is  open  to  then) 

Consequently,  they  declare  that 
the  fact  of  reminding  the  con- 
flicting parties  of  the  provisions 
of   the   present    Convention,   and 


Article  48^ 
The    contracting    Powers    con-  Notifying 

^  ^  disputants. 

sider  it  their  duty,  if  a  serious 
dispute  threatens  to  break  out 
between  two  or  more  of  them,  to 
remind  these  latter  that  the  Per- 
manent Court  is  open  to  them. 

Consequently,  they  declare  that   Regarded  p^  a 

^  .  .  friendly  act. 

the  fact  of  reminding  the  parties 
at  variance  of  the  provisions  of 
the  present  Convention,  and  the 


^Cf.  Article  43,  paragraph  1,  of  the  1907  Convention,  ante,  p.  57. 
2.See  the  reservation  of  the  United  States  on  the  subject  of  this  article,  post, 
p.  87. 


62 


CONVENTIONS  I  OF  1899  AND  1907 


Offer  fer 
arbitration. 


Notice  to 
other  Power. 


1899  1907 

the  advice  given  to  them,  in  the  advice  given  to  them,  in  the  high- 
highest  interests  of  peace,  to  est  interests  of  peace,  to  have  re- 
have  recourse  to  the  Permanent  course  to  the  Permanent  Court, 
Court,  can  only  be  regarded  as  can  only  be  regarded  as  friendly 
friendly  actions.  actions. 

In  case  of  dispute  between  two 
Powers,  one  of  them  can  always 
address  to  the  International  Bu- 
reau a  note  containing  a  declara- 
tion that  it  would  he  ready  to  sub- 
mit the  dispute  to  arbitration. 

The  Bureau  must  at  once  in- 
form the  other  Power  of  the  dec- 
laration. 


Administrative 
Council. 


Functions. 


Article  28 

A  Permanent  Administrative 
Council,  composed  of  the  diplo- 
matic representatives  of  the  sig- 
natory Powers  accredited  to  The 
Hague  and  of  the  Netherland 
Minister  for  Foreign  Affairs,  who 
will  act  as  president,  shall  be 
instituted  in  this  town  as  soon  as 
possible  after  the  ratification  of 
the  present  Act  by  at  least  nine 
Powers. 

This  Council  will  be  charged 
with  the  establishment  and  organ- 
ization of  the  International  Bu- 
reau, which  will  be  under  its  di- 
rection and  control. 

It  will  notify  to  the  Powers  the 
constitution  of  the  Court  and 
will  provide  for  its  installation. 

It  will  settle  its  rules  of  pro- 
cedure and  all  other  necessary 
regulations. 


Article  49 

The  Permanent  Administrative 
Council,  composed  of  the  diplo- 
matic representatives  of  the  con- 
tracting Powers  accredited  to  The 
Hague  and  of  the  Netherland 
Minister  for  Foreign  Affairs,  who 
will  act  as  president,  is  charged 
with  the  direction  and  control  of 
the  International  Bureau. 


The  Council  settles  its  rules  of 
procedure  and  all  other  necessary 
regulations. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        63 

1899  1907 

It  will  decide  all  questions  of  It  decides  all  questions  of  ad- 

administration  which  may  arise  ministration  which  may  arise  with 
with  regard  to  the  operations  of  regard  to  the  operations  of  the 
the  Court.  Court. 

It  will  have  entire  control  over  It  has  entire  control  over  the 

the  appointment,  suspension  or  appointment,  suspension,  or  dis- 
dismissal  of  the  officials  and  em-  missal  of  the  officials  and  em- 
ployes of  the  Bureau.  ployes  of  the  Bureau. 

It   will   fix   the   payments   and  It  fixes  the  payments  and  sala- 

salaries,  and  control  the  general  ries,  and  controls  the  general  ex- 
expenditure,  penditure. 

At  meetings  duly  summoned  At  meetings  duly  summoned  Quorum,  etc. 
the  presence  of  five  members  is  the  presence  of  nine  members  is 
sufficient  to  render  valid  the  dis-  sufficient  to  render  valid  the  dis- 
cussions of  the  Council.  The  cussions  of  the  Council.  The  de- 
decisions  are  taken  by  a  majority  cisions  are  taken  by  a  majority  of 
of  votes.  votes. 

The  Council  communicates  to  The  Council  communicates  to  Regulations, 
the  signatory  Powers  without  the  contracting  Powers  without 
delay  the  regulations  adopted  delay  the  regulations  adopted  by 
by  it.  It  furnishes  them  with  an  it.  It  furnishes  them  with  an  an- 
annual  report  on  the  labors  of  nual  report  on  the  labors  of  the  ^""'^^1  report. 
the  Court,  the  working  of  the  Court,  the  working  of  the  admin- 
administration,  and  the  expenses,      istration,    and    the     expenditure. 

The  report  likewise  contains  a 
resume  of  what  is  important  in 
the  documents  com,municated  to 
the  Bureau  by  the  Pozvers  in  vir- 
tue of  Article  4^,  paragraphs  2 
and  4. 
Article  29  Article  50 

The    expenses    of    the    Bureau         The    expenses    of    the    Bureau  Expenses, 
shall   be  borne  by   the   signatory      shall  be  borne  by  the  contracting 
Powers    in    the   proportion    fixed      Powers  in  the  proportion  fixed  for 
for  the   International   Bureau  of     the   International   Bureau  of  the 
the  Universal  Postal  Union.  Universal  Postal  Union. 

The  expenses  to  he  charged  to 
the  adhering  Powers  shall  he  reck- 


64 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


1907 

oned  from  the  date  on  which  their 
adhesion  comes  into  force. 


Procedure. 


General  rules. 


Compromis. 
Contents. 


Further 
conditions. 


Chapter  III. — On  Arbitral  Pro- 
cedure 

Article  30 

With  a  view  to  encourage  the 
development  of  arbitration,  the 
signatory  Powers  have  agreed  on 
the  following  rules  which  shall 
be  applicable  to  arbitral  proce- 
dure, unless  other  rules  have  been 
agreed  on  by  the  parties. 

Article  31 

The  Powers  who  have  recourse 
to  arbitration  sign  a  special  act 
(compromis),  in  which  the  sub- 
ject of  the  difference  is  clearly 
defined,  as  well  as  the  extent  of 
the  arbitrators'  powers.  This  act 
implies  the  undertaking  of  the 
parties  to  submit  loyally  to  the 
award.^ 


Chapter  III. —  Arbitration 
Procedure 

Article  51 

With  a  view  to  encouraging  the 
development  of  arbitration,  the 
contracting  Powers  have  agreed 
on  the  following  rules,  which  are 
applicable  to  arbitration  proce- 
dure, unless  other  rules  have  been 
agreed  on  by  the  parties. 

Article  52 

The  Powers  which  have  re- 
course to  arbitration  sign  a  com- 
promis, in  which  the  subject  of 
the  dispute  is  clearly  defined,  the 
time  allowed  for  appointing  arbi- 
trators, the  form,  order,  and  time 
in  zvhich  the  communication  re- 
ferred to  in  Article  dj  must  be 
made,  and  the  amount  of  the  sum 
which  each  party  must  deposit  in 
advance  to  defray  the  expenses. 

The  compromis  likewise  de- 
fines, if  there  is  occasion,  the  man- 
ner of  appointing  arbitrators,  any 
special  pozuers  zvhich  may  eventu- 
ally belong  to  the  tribunal,  zvhere 
it  shall  meet,  the  language  it  shall 
use,  and  the  languages  the  em- 
ployment of  zvhich  shall  be  author- 
ized before  it,  and,  generally 
speaking,  all  the  conditions  on 
which  the  parties  are  agreed. 


iCf.  Article  2,7,  paragraph  2,  of  the  1907  Convention,  ante,  p.  55. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       65 

1899  1907 

Article  53^ 

The  Permanent  Court  is  compe-  pe"m^ent''^ 
tent  to  settle    the   compromis,   if   Court. 
the  parties  are  agreed  to  have  re- 
course to  it  for  the  purpose. 

It  is  similarly  competent,  even  Requests  by 

-'•••'  one  rower. 

if  the  request  is  only  made  by  one 
of  the  parties,  when  all  attempts 
to  reach  an  understanding  through 
the  diplomatic  channel  have 
failed,  in  the  case  of — 

1.  A  dispute  covered  by  a  gen-  Steatfon"'^^'' 
eral    treaty    of    arbitration    con-  "treaties. 
eluded  or  renezved  after  the  pres- 
ent   Convention    has    come    into 

force,  and  providing  for  a  com- 
promis in  all  disputes  and  not 
either  explicitly  or  implicitly  ex- 
cluding the  settlement  of  the 
compromis  from  the  competence 
of  the  Court.  Recourse  can  not.  Exception. 
however,  be  had  to  the  Court  if 
the  other  party  declares  that  in  its 
opinion  the  dispute  does  not  he- 
long  to  the  category  of  disputes 
which  can  be  submitted  to  compul- 
sory arbitration,  unless  the  treaty 
of  arbitration  confers  upon  the  ar- 
bitration tribunal  the  power  of  de- 
ciding this  preliminary  question. 

2.  A  dispute  arising  from  con-  Contract  debts. 
tract    debts    claimed    from    one 

Power  by  another  Pozver  as  due  to 
its  nationals,  and  for  the  settle- 
ment of  which  the  offer  of  arbitra- 
tion has  been  accepted.  This 
arrangement  is  not  applicable  if 
acceptance  is  subject  to  the  condi- 


^See  the  reservations  of  this  article,  post,  p.  85,  et  seq. 


66 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


1907 

Hon   that   the   compromis  should 
he  settled  in  some  other  way} 


Selection  of 
commission. 


Selection  of 
arbitrators. 


Disagreements. 


Article  32 

The  duties  of  arbitrator  may 
be  conferred  on  one  arbitrator 
alone  or  on  several  arbitrators 
selected  by  the  parties  as  they 
please,  or  chosen  by  them  from 
the  members  of  the  Permanent 
Court  of  Arbitration  established 
by  the  present  Act. 

Failing  the  constitution  of  the 
tribunal  by  direct  agreement  be- 
tween the  parties,  the  following 
course  shall  be  pursued : 

Each  party  appoints  two  arbi- 
trators, and  these  latter  together 
choose  an  umpire. 

In  case  of  equal  voting,  the 
choice  of  the  umpire  is  intrusted 
to  a  third  Power,  selected  by  the 
parties  by  common  accord. 

If  no  agreement  is  arrived  at 
on  this  subject,  each  party  selects 
a  different  Power,  and  the  choice 
of  the  umpire  is  made  in  concert 
by  the  Powers  thus  selected. 


Article  54^ 

In  the  cases  contemplated  in 
the  preceding  article,  the  com- 
promis shall  he  settled  hy  a  com- 
mission consisting  of  five  mem- 
bers selected  in  the  manner  ar- 
ranged for  in  Article  45,  para- 
graphs 5  to  6. 

The  fifth  member  is  president 
of  the  commission  ex  officio. 

Article  55 

The  duties  of  arbitrator  may  be 
conferred  on  one  arbitrator  alone 
or  on  several  arbitrators  selected 
by  the  parties  as  they  please,  or 
chosen  by  them  from  the  mem- 
bers of  the  Permanent  Court  of 
Arbitration  established  by  the 
present  Convention. 

Failing  the  constitution  of  the 
tribunal  by  direct  agreement  be- 
tween the  parties,  the  course  re- 
ferred to  in  Article  45,  paragraphs 
5  to  6,  is  followed. 


iSee  the  reservation  of  the  Dominican  Republic  to  Convention  II,  post,  p.  93. 
2Japan  made  reservation  of  Article  54. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES       67 


1899 
Article  33 


1907 

Article  56 


When  a  sovereign  or  the  chief  Arbitration  by  a 

°  sovereign,  etc. 


When  a  sovereign  or  the  chief 
of  a  State  is  chosen  as  arbitra-  of  a  State  is  chosen  as  arbitrator, 
tor,  the  arbitral  procedure  is  set-  the  arbitration  procedure  is  set- 
tled by  him.  tied  by  him. 


Article  34 

The  umpire  is  by  right  presi- 
dent of  the  tribunal. 

When  the  tribunal  does  not 
include  an  umpire,  it  appoints 
its  own  president. 


Article  35 

In  case  of  the  death,  retire- 
ment, or  disability  from  any  cause 
of  one  of  the  arbitrators,  his 
place  shall  be  filled  in  accordance 
with  the  method  of  his  appoint- 
ment. 

Article  36 

The  tribunal's  place  of  session 
is  selected  by  the  parties.  Fail- 
ing this  selection  the  tribunal 
sits  at  The  Hague. 


Article  57 

The  umpire  is  president  of  the  p/t^i^unai 
tribunal  ex  officio. 

When  the  tribunal  does  not  in- 
clude an  umpire,  it  appoints  its 
own  president. 

Article  58 

When     the     COmpromis     is     set-    Tribunal  formed 

^  by  commission. 

tied  by  a  commission,  as  contem- 
plated in  Article  ^4,  and  in  the  ab- 
sence of  an  agreement  to  the  con- 
trary, the  commission  itself  shall 
form  the  arbitration  tribunal. 

Article  59 

Should  one  of  the  arbitrators  Vacancies, 
either  die,  retire,  or  be  unable  for 
any  reason  whatever  to  discharge 
his  functions,  the  same  procedure 
is  followed  for  filling  the  vacancy 
as  was  followed  for  appointing 
him. 

Article  60 

The  tribunal  sits  at  The  Hague,  Sessions. 
unless    some    other   place   is    se- 
lected by  the  parties. 

The  tribunal  can  only  sit  in  the 
territory  of  a  third  Power  with 
the  latte/s  consent. 


68 


CONVENTIONS  I  OF  1899  AND  1907 


Selection 
of  language. 


1899  1907 

The  place  thus  fixed  can  not,  The  place  of  meeting  once  fixed 

except  in  case  of  necessity,  be  can  not  be  altered  by  the  tribunal, 
changed  by  the  tribunal  without  except  with  the  consent  of  the 
the  assent  of  the  parties.  parties. 

Article  61 

//  the  question  as  to  what  lan- 
guages are  to  be  used  has  not 
been  settled  by  the  compromis,  it 
shall  be  decided  by  the  tribunal.^ 


Agents. 


Counsel. 


Restriction  on 
members  of 
Permanent 
Court. 


Article  37 

The  parties  have  the  right  to 
appoint  delegates  or  special  agents 
to  attend  the  tribunal,  for  the  pur- 
pose of  serving  as  intermediaries 
between  them  and  the  tribunal. 

They  are  further  authorized  to 
retain,  for  the  defense  of  their 
rights  and  interests  before  the 
tribunal,  counsel  or  advocates  ap- 
pointed by  them  for  this  purpose. 


Article  62 

The  parties  are  entitled  to  ap- 
point special  agents  to  attend  the 
tribunal  to  act  as  intermediaries 
between  themselves  and  the  tri- 
bunal. 

They  are  further  authorized  to 
retain  for  the  defence  of  their 
rights  and  interests  before  the 
tribunal  counsel  or  advocates 
appointed  by  themselves  for  this 
purpose. 

The  members  of  the  Permanent 
Court  may  not  act  as  agents, 
counsel,  or  advocates  except  on 
behalf  of  the  Power  which  ap- 
pointed them  members  of  the 
Court. 


Article  38 

The  tribunal  decides  on  the 
choice  of  languages  to  be  used 
by  itself,  and  to  be  authorized 
for  use  before  it.^ 


iCf.  Article  38  of  the  1899  Convention,  infra. 
2Cf.  Article  61  of  the  1907  Convention,  supra. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        69 

1899  1907 

Article  39  Article  63 

As  a  general  rule  the  arbitral  As  a  general   rule,  arbitration   Procedure, 

procedure  comprises  two  distinct  procedure  comprises  two  distinct 
phases:  preliminary  examination  phases:  pleadings  and  oral  dis- 
and  discussion.  cussions. 

Preliminary  examination  con-  The  pleadings  consist  in  the  Pleadings, 
sists  in  the  communication  by  the  communication  by  the  respective 
respective  agents  to  the  members  agents  to  the  members  of  the  tri- 
of  the  tribunal  and  to  the  oppo-  bunal  and  the  opposite  party  of 
site  party  of  all  printed  or  written  cases,  counter-cases,  and,  if  nec- 
acts  and  of  all  documents  contain-  essary,  of  replies;  the  parties  an- 
ing  the  arguments  invoked  in  the  nex  thereto  all  papers  and  docu- 
case.  This  communication  shall  ments  called  for  in  the  case.  This 
be  made  in  the  form  and  within  communication  shall  be  made 
the  periods  fixed  by  the  tribunal  either  directly  or  through  the  in- 
in  accordance  with  Article  49.  termediary    of    the   International 

Bureau,  in  the  order  and  within 
the  time  fixed  by  the  com- 
promis. 

The  time  fixed  by  the  com-  of\^JJfe°" 
promis  may  be  extended  by  mutual 
agreement  by  the  parties,  or  by 
the  tribunal  when  the  latter  con- 
siders it  necessary  for  the  purpose 
of  reaching  a  just  decision. 
Discussion  consists  in  the  oral  The  discussions  consist  in  the  2^!!,„;„„„ 

development  before  the  tribunal  oral  development  before  the  tri- 
of  the  arguments  of  the  parties.       bunal    of    the   arguments   of   the 

parties. 

Article  40.  Article  64 

Every    document   produced   by         A  certified  copy  of  every  docu-   fo^^u^'m^ts"^ 
one  party  must  be  communicated      ment  produced  by  one  party  must 
to  the  other  party.  be    communicated    to    the    other 

party. 


70 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


Meeting  of 
tribunal. 


Discussions. 


Public. 


Record. 


Article  41 

The  discussions  are  under  the 
direction  of  the  president. 

They  are  only  pubHc  if  it  be  so 
decided  by  the  tribunal,  with  the 
assent  of  the  parties. 

They  are  recorded  in  the  proces- 
verbaux  drawn  up  by  the  secre- 
taries appointed  by  the  president. 
These  proces-verbaux  alone  have 
an  authentic  character. 


1907 
Article  65 

Unless  special  circumstances 
arise,  the  tribunal  does  not  meet 
until  the  pleadings  are  closed. 

Article  66 

The  discussions  are  under  the 
control  of  the  president. 

They  are  only  public  if  it  be  so 
decided  by  the  tribunal,  with  the 
assent  of  the  parties. 

They  are  recorded  in  minutes 
drawn  up  by  the  secretaries  ap- 
pointed by  the  president.  These 
minutes  are  signed  by  the  presi- 
dent and  by  one  of  the  secretaries 
and  alone  have  an  authentic 
character. 


Limiting 
discussions. 


Admission  of 
new  evidence. 


Article  42 

When  the  preliminary  exami- 
nation is  concluded,  the  tribunal 
has  the  right  to  refuse  discussion 
of  all  fresh  acts  or  documents 
which  one  party  may  desire  to 
submit  to  it  without  the  consent 
of  the  other  party. 

Article  43 

The  tribunal  is  free  to  take 
into  consideration  fresh  acts  or 
documents  to  which  its  attention 
may  be  drawn  by  the  agents  or 
counsel  of  the  parties. 

In  this  case,  the  tribunal  has 
the  right  to  require  the  produc- 
tion of  these  acts  or  documents, 


Article  67 

After  the  close  of  the  pleadings, 
the  tribunal  is  entitled  to  refuse 
discussion  of  all  new  papers  or 
documents  which  one  of  the  par- 
ties may  wish  to  submit  to  it 
without  the  consent  of  the  other 
party. 

Article  68 

The  tribunal  is  free  to  take  into 
consideration  new  papers  or  docu- 
ments to  which  its  attention  may 
be  drawn  by  the  agents  or  counsel 
of  the  parties. 

In  this  case,  the  tribunal,  has 
the  right  to  require  the  production 
of  these  papers  or  documents,  but 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        71 


1899 
but    is    obliged    to    make    them 
known  to  the  opposite  party. 

Article  44 


1907 

is  obliged  to  make  them  known  to 
the  opposite  party. 

Article  69 


The  tribunal  can,  besides,  re-  The  tribunal  can,  besides,  re- 
quire from  the  agents  of  the  par-  quire  from  the  agents  of  the  par- 
ties the  production  of  all  acts,  ties  the  production  of  all  papers, 
and  can  demand  all  necessary  and  can  demand  all  necessary 
explanations.  In  case  of  refusal,  explanations.  In  case  of  refusal 
the  tribunal  takes  note  of  it.  the  tribunal  takes  note  of  it. 


Production 
of  all  papers. 


Article  45 


Article  70 


The  agents  and  counsel  of  the         The  agents  and  the  counsel  of  ^^^  ^'s^^'^^ns. 

parties  are  authorized  to  present  the  parties  are  authorized  to  pre- 

orally  to  the  tribunal  all  the  ar-  sent  orally  to  the  tribunal  all  the 

guments  they  may  think  expedi-  arguments     they     may     consider 

ent  in  defense  of  their  case.  expedient  in  defense  of  their  case. 


Article  46 


Article  71 


They   have  the   right  to   raise         They  are  entitled  to  raise  ob-  Decisions  final, 

objections  and  points.      The  de-  jections  and  points.  The  decisions 

cisions  of  the  tribunal  on  those  of  the  tribunal  on  these  points  are 

points  are  final,  and  can  not  form  final  and  can  not  form  the  subject 

the    subject    of    any    subsequent  of  any  subsequent  discussion, 
discussion. 


Article  47 

The  members  of  the  tribunal 
have  the  right  to  put  questions  to 
the  agents  and  counsel  of  the  par- 
ties, and  to  demand  explanations 
from  them  on  doubtful  points. 

Neither  the  questions  put  nor 
the  remarks  made  by  members  of 
the  tribunal  during  the  discus- 
sions can  be  regarded  as  an  ex- 
pression  of    opinion   by   the   tri- 


Article  72 

The  members  of  the  tribunal 
are  entitled  to  put  questions  to 
the  agents  and  counsel  of  the  par- 
ties, and  to  ask  them  for  explana- 
tions on  doubtful  points. 

Neither  the  questions  put,  nor 
the  remarks  made  by  members  of 
the  tribunal  in  the  course  of  the 
discussions,  can  be  regarded  as 
an  expression  of  opinion  by  the 


Questions 
by  arbitrators. 


72 


CONVENTIONS  I  OF  1899  AND  1907 


1899  1907 

bunal  in  general,  or  by  its  mem-     tribunal  in  general  or  by  its  mem- 
bers in  particular.  bars  in  particular. 


Competence 
of  tribunal. 


Special  rules. 


Article  48 

The  tribunal  is  authorized  to 
declare  its  competence  in  inter- 
preting the  compromis  as  well  as 
the  other  treaties  which  may  be 
invoked  in  the  case,  and  in  apply- 
ing the  principles  of  international 
law. 

Article  49 

The  tribunal  has  the  right  to 
issue  rules  of  procedure  for  the 
conduct  of  the  case,  to  decide  the 
forms  and  periods  within  which 
each  party  must  conclude  its  ar- 
guments, and  to  arrange  all  the 
formalities  required  for  dealing 
with  the  evidence. 


Article  TZ 

The  tribunal  is  authorized  to 
declare  its  competence  in  inter- 
preting the  compromis,  as  well  as 
the  other  papers  and  documents 
which  may  be  invoked,  and  in  ap- 
plying the  principles  of  law. 

Article  74 

The  tribunal  is  entitled  to  issue 
rules  of  procedure  for  the  conduct 
of  the  case,  to  decide  the  forms, 
order,  and  time  in  which  each 
party  must  conclude  its  argu- 
ments, and  to  arrange  all  the  for- 
malities required  for  dealing  with 
the  evidence. 


Information  to 
be  furnished. 


Article  75 

The  parties  undertake  to  sup- 
ply the  tribunal,  as  fully  as  they 
consider  possible,  with  all  the  in- 
formation required  for  deciding 
the  case. 


Serving  notice  in 
other  countries. 


Article  76 

For  all  notices  which  the  tri- 
bunal has  to  serve  in  the  territory 
of  a  third  contracting  Power,  the 
tribunal  shall  apply  direct  to  the 
Government  of  that  Power.  The 
same  rule  applies  in  the  case  of 
steps  being  taken  to  procure  evi- 
dence on  the  spot. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        TS 


1899 


1907 

The  requests  for  this  purpose  Executing 

^  J  r       r  requests. 

are  to  be  executed  as  far  as  the 
means  at  the  disposal  of  the 
Power  applied  to  under  its  munic- 
ipal law  allow.  They  can  not  be 
rejected  unless  the  Power  in  ques- 
tion considers  them  calculated  to 
impair  its  own  sovereign  rights  or 
its  safety. 

The  Court  will  equally  be 
always  entitled  to  act  through  the 
Power  on  whose  territory  it  sits. 


Article  50 

When  the  agents  and  counsel 
of  the  parties  have  submitted  all 
explanations  and  evidence  in 
support  of  their  case,  the  presi- 
dent pronounces  the  discussion 
closed. 

Article  51 

The  deliberations  of  the  tribu- 
nal take  place  in  private.  Every 
decision  is  taken  by  a  majority 
of  members  of  the  tribunal. 


The  refusal  of  a  member  to 
vote  must  be  recorded  in  the 
proces-verbal. 


Article  77 

When  the  agents  and  counsel  of 
the  parties  have  submitted  all  the 
explanations  and  evidence  in  sup- 
port of  their  case  the  president 
shall  declare  the  discussion  closed. 

Article  78 

The  tribunal  considers  its  de- 
cisions in  private  and  the  proceed- 
ings remain  secret. 

All  questions  are  decided  by  a 
majority  of  the  members  of  the 
tribunal. 


Close  of 
discussions. 


Deliberations 
private. 


Majority 
to  decide. 


Article  52 

The  award,  given  by  a  major- 
ity of  votes,  is  accompanied  by  a 
statement  of  reasons.  It  is  drawn 
up  in  writing  and  signed  by  each 
member  of  the  tribunal. 


Those  members  who  are  in  the      acting  as  registrar. 


Article  79 

The  award  must  give  the  rea-  ofSd* 
sons  on  which  it  is  based.    It  con- 
tains the  names  of  the    arbitra- 
tors; it  is  signed  by  the  president 
and  registrar  or  by  the  secretary 


74 


CONVENTIONS  I  OF  1899  AND  1907 


Announcement. 


1899 

minority  may  record  their  dissent 
when  signing. 

Article  53 

The  award  is  read  out  at  a  pub- 
He  meeting  of  the  tribunal,  the 
agents  and  counsel  of  the  parties 
being  present,  or  duly  summoned 
to  attend. 


1907 


Article  80 

The  award  is  read  out  in  pub- 
lic sitting,  the  agents  and  counsel 
of  the  parties  being  present  or 
duly  summoned  to  attend. 


Finality. 


Disputes  as  to 
interpretation. 


Right  of 
revision. 


Grounds 
for  demand. 


Article  54 

The  award,  duly  pronounced 
and  notified  to  the  agents  of  the 
parties  at  variance,  puts  an  end  to 
the  dispute  definitively  and  with- 
out appeal. 


Article  55 

The  parties  can  reserve  in  the 
compromis  the  right  to  demand 
the  revision  of  the  award. 

In  this  case,  and  unless  there 
be  an  agreement  to  the  con- 
trary, the  demand  must  be  ad- 
dressed to  the  tribunal  which 
pronounced  the  award.  It  can 
only  be  made  on  the  ground  of 
the  discovery  of  some  new  fact 
calculated  to  exercise  a  decisive 
influence     on     the     award,     and 


Article  81 

The  award,  duly  pronounced 
and  notified  to  the  agents  of  the 
parties,  settles  the  dispute  defin- 
itively and  without  appeal. 

Article  82 

Any  dispute  arising  between  the 
parties  as  to  the  interpretation  and 
execution  of  the  azvard  shall,  in 
the  absence  of  an  agreement  to  the 
contrary,  be  submitted  to  the  tri- 
bunal which  pronounced  it. 

Article  83 

The  parties  can  reserve  in  the 
compromis  the  right  to  demand 
the  revision  of  the  award. 

In  this  case  and  unless  there  be 
an  agreement  to  the  contrary,  the 
demand  must  be  addressed  to  the 
tribunal  which  pronounced  the 
award.  It  can  only  be  made  on  the 
ground  of  the  discovery  of  some 
new  fact  calculated  to  exercise  a 
decisive  influence  upon  the  award 
and  which  was  unknown  to  the  tri- 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        75 


1899 
which,  at  the  time  the  discussion 
was  closed,  was  unknown  to  the 
tribunal    and    to    the    party    de- 
manding the  revision. 

Proceedings  for  revision  can 
only  be  instituted  by  a  decision 
of  the  tribunal  expressly  record- 
ing the  existence  of  the  new  fact, 
recognizing  in  it  the  character 
described  in  the  foregoing  para- 
graph, and  declaring  the  demand 
admissible  on  this  ground. 

The  compromis  fixes  the  period 
within  which  the  demand  for  re- 
vision must  be  made. 


1907 
bunal  and  to  the  party  which  de- 
manded the  revision  at  the  time 
the  discussion  was  closed. 

Proceedings  for  revision  can  Proceedings, 
only  be  instituted  by  a  decision 
of  the  tribunal  expressly  record- 
ing the  existence  of  the  new  fact, 
recognizing  in  it  the  character 
described  in  the  preceding  para- 
graph, and  declaring  the  demand 
admissible  on  this  ground. 

The  compromis  fixes  the  period  Limitation, 
within  which  the  demand  for  re- 
vision must  be  made. 


Article  56 

The  award  is  only  binding  on 
the  parties  who  concluded  the 
compromis. 

When  there  is  a  question  of  in- 
terpreting a  Convention  to  which 
Powers  other  than  those  con- 
cerned in  the  dispute  are  parties, 
the  latter  notify  to  the  former  the 
compromis  they  have  concluded. 
Each  of  these  Powers  has  the 
right  to  intervene  in  the  case.  If 
one  or  more  of  them  avail  them- 
selves of  this  right,  the  interpreta- 
tion contained  in  the  award  is 
equally  binding  on  them. 


Article  84 

r 

The  award  is  not  binding  ex-  Parties  bound, 
cept  on  the  parties  in  dispute. 

When  it  concerns  the  interpre-   Right  of  other 

'^  ^  l^owers  to 

tation  of  a  Convention  to  which  intervene. 
Powers  other  than  those  in  dis- 
pute are  parties,  they  shall  inform 
all  the  signatory  Powers  in  good 
time.  Each  of  these  Powers  is 
entitled  to  intervene  in  the  case. 
If  one  or  more  avail  themselves 
of  this  right,  the  interpretation 
contained  in  the  award  is  equally 
binding  on  them. 


Article  57 

Each  party  pays  its  own  ex- 
penses and  an  equal  share  of 
those  of  the  tribunal. 


Article  85 

Each  party  pays   its   own   ex-  Expenses. 
penses  and  an  equal  share  of  the 
expenses  of  the  tribunal. 


76 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


Summary 
arbitration. 


Rules  for  sum- 
mary procedure. 


1907 

Chapter    IV. — Arbitration    by  ) 
Summary  Procedure 

Article  86        > 

With  a  view  to  facilitating  the 
working  of  the  system  of  arbitra- 
tion in  disputes  admitting  of  a 
summary  procedure,  the  contract- 
ing Powers  adopt  the  following 
rules,  which  shall  be  observed  in 
the  absence  of  other  arrangements 
and  subject  to  the  reservation  that 
the  provisions  of  Chapter  III  ap-- 
ply  so  far  as  may  be. 


Arbitrators 
and  umpire. 


Article  87 

Each  of  the  parties  in  dispute 
appoints  an  arbitrator.  The  two 
arbitrators  thus  selected  choose  an 
umpire.  If  they  do  not  agree  on 
this  point,  each  of  them  proposes 
two  candidates  taken  from  the 
general  list  of  the  members  of  the 
Permanent  Court  exclusive  of  the 
members  appointed  by  either  of 
the  parties  and  not  being  nationals 
of  either  of  them;  which  of  the 
candidates  thus  proposed  shall  be 
the  umpire  is  determined  by  lot. 

The  umpire  presides  over  the 
tribunal,  which  gives  its  decisions 
by  a  majority  of  votes. 


Submission 
of  cases. 


Article  88 

In  the  absence  of  any  previous 
agreement  the  tribunal,  as  soon  as 
it  is  formed,  settles  the  time  with- 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        77 


1899 


1907 

in  zvhich  the  two  parties  must  sub- 
mit their  respective  cases  to  it. 


Article  89 

Each  party  is  represented  before  Agents. 
the   tribunal   by    an    agent,   who 
serves    as   intermediary    between 
the    tribunal    and    the    Govern- 
ment who  appointed  him. 


General  Provisions 


Article  90 
The  proceedings  are  conducted  Proceedings  to 

....  be  in  writing. 

exclusively  in  writing.  Each  party, 
however,  is  entitled  to  ask  that 
witnesses  and  experts  should  be 
called.  The  tribunal  has,  for  its 
part,    the   right   to   demand   oral  Oral 

"^  explanations. 

explanations  from  the  agents  of 
the  two  parties,  as  zvell  as  from 
the  experts  and  witnesses  whose 
appearance  in  Court  it  may  con- 
sider useful. 


o 


Part  V. — Final  Provisions 

Article  91 

The  present  Convention,  duly 
ratified,  shall  replace,  as  between 
the  contracting  Powers,  the  Con- 
vention for  the  pacific  settlement 
of  international  disputes  of  the 
2pth  July,  i8pp. 


Final 
provisions. 


Former  Conven- 
tion replaced. 


Article  58 


Article  92 


The   present    Convention    shall         The   present    Convention    shall  Ratification. 
be  ratified  as  speedily  as  possible,     be  ratified  as  soon  as  possible. 

The   ratifications    shall   be   de-  The    ratifications    shall    be    de-  Deposit  at 

Tlie  Hague. 

posited  at  The  Hague.  posited  at  The  Hague. 


78 


CONVENTIONS  I  OF  1899  AND  1907 


Certified  copies 
to  Powers. 


1899 

A  proces-verbal  shall  be  drawn 
up  recording  the  receipt  of  each 
ratification,  and  a  copy  duly  cer- 
tified shall  be  sent,  through  the 
diplomatic  channel,  to  all  the 
Powers  who  were  represented  at 
the  International  Peace  Confer- 
ence at  The  Hague. 


1907 

The  first  deposit  of  ratifications 
shall  be  recorded  in  a  proces-ver- 
bal signed  by  the  representatives 
of  the  Powers  which  take  part 
therein  and  by  the  Netherland 
Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of 
ratifications  shall  be  made  by 
means  of  a  written  notification, 
addressed  to  the  Netherland  Gov- 
ernment and  accompanied  by  the 
instrument  of  ratification. 

A  duly  certified  copy  of  the 
proces-verbal  relative  to  the  first 
deposit  of  ratifications,  of  the 
notifications  mentioned  in  the 
preceding  paragraph,  and  of  the 
instruments  of  ratification,  shall 
be  immediately  sent  by  the  Neth- 
erland Government,  through  the 
diplomatic  channel,  to  the  Powers 
invited  to  the  Second  Peace  Con- 
ference, as  well  as  to  those  Powers 
which  have  adhered  to  the  Con- 
vention. In  the  cases  contem- 
plated in  the  preceding  paragraph, 
the  said  Government  shall  at  the 
same  time  inform  the  Powers  of 
the  date  on  which  it  received  the 
notification. 


Non-signatory 
Powers  may 
adhere. 


Notification 
of  intent. 


Article  59 

The  non-signatory  Powers  who 
were  represented  at  the  Interna- 
tional Peace  Conference  can  ad- 
here to  the  present  Convention. 
For  this  purpose  they  must  make 
known  their  adhesion  to  the  con- 


Article  93 

Non-signatory  Powers  which 
have  been  invited  to  the  Second 
Peace  Conference  may  adhere  to 
the  present  Convention. 

The  Power  which  desires  to  ad- 
here notifies  its  intention  in  writ- 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        79 


1899 

tracting  Powers  by  a  written  noti- 
fication addressed  to  the  Nether- 
land  Government,  and  communi- 
cated by  it  to  all  the  other  con- 
tracting Powers. 


1907 

ing  to  the  Netherland  Govern- 
ment, forwarding  to  it  the  act  of 
adhesion,  which  shall  he  deposited 
in  the  archives  of  the  said  Govern- 
ment. 

This  Government  shall  imme-  Communication 

.1  to  other 

diately  forward  to  all  the  other  Powers. 
Powers  invited  to  the  Second 
Peace  Conference  a  duly  certified 
copy  of  the  notification  as  well  as 
of  the  act  of  adhesion,  mentioning 
the  date  on  which  it  received  the 
notification. 


Article  60^ 

The  conditions  on  which  the 
Powers  who  were  not  represented 
at  the  International  Peace  Con- 
ference can  adhere  to  the  present 
Convention  shall  form  the  sub- 
ject of  a  subsequent  agreement 
among  the  contracting  Powers. 


Article  94 

The  conditions  on  which  the 
Powers  which  have  not  been 
invited  to  the  Second  Peace  Con- 
ference may  adhere  to  the  present 
Convention  shall  form  the  subject 
of  a  subsequent  agreement  be- 
tween the  contracting  Powers. 


Adherence  by 
other  Powers. 


Article  95 
The    present   Convention   shall  '^^f^^°^ 

'  _  ratification. 

take  effect,  in  the  case  of  the 
Powers  which  were  not  a  party  to 
the  first  deposit  of  ratifications, 
sixty  days  after  the  date  of  the 
proces-verbal  of  this  deposit,  and, 
in  the  case  of  the  Powers  which 
ratify  subsequently  or  which  ad- 
here, sixty  days  after  the  notifica- 
tion of  their  ratification  or  of  their 


^For  the  protocol  establishing,  as  regards  the  Powers  unrepresented  at  the 
First  Conference,  the  mode  of  adhesion  to  this  Convention,  see  ante,  p.  xxix. 


80 


CONVENTIONS  I  OF  1899  AND  1907 


1899 


1907 
adhesion  has  been  received  by  the 
Netherland  Government. 


Denunciation. 


Notifying 
Power  only 
affected. 


Article  61 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Convention,  this  de- 
nunciation would  not  take  effect 
until  a  year  after  its  notification 
made  in  writing  to  the  Nether- 
land Government,  and  by  it  com- 
municated at  once  to  all  the  other, 
contracting  Powers. 

This  denunciation  shall  only 
affect  the  notifying  Power. 


Article  96 

In  the  event  of  one  of  the  con- 
tracting Powers  wishing  to  de- 
nounce the  present  Convention, 
the  denunciation  shall  be  notified 
in  writing  to  the  Netherland  Gov- 
ernment, which  shall  immediately 
communicate  a  duly  certified  copy 
of  the  notification  to  all  the  other 
Powers  informing  them  of  the 
date  on  which  it  was  received. 

The  denunciation  shall  only 
have  effect  in  regard  to  the  noti- 
fying Power,  and  one  year  after 
the  notification  has  reached  the 
Netherland  Government. 


Register  of 
ratifications. 


Signing. 


In  faith  of  which  the  plenipo- 
tentiaries have  signed  the  present 


Article  97 

A  register  kept  by  the  Nether- 
land Minister  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit 
of  ratifications  effected  in  virtue 
of  Article  p2,  paragraphs  5  and  4, 
as  well  as  the  date  on  which  the 
notifications  of  adhesion  (Article 
PS,  paragraph  2)  or  of  denuncia- 
tion {Article  p6,  paragraph  i) 
have  been  received. 

Each  contracting  Power  is  en- 
titled to  have  access  to  this  regis- 
ter and  to  be  supplied  with  duly 
certified  extracts  from  it. 

In  faith  whereof  the  plenipo- 
tentiaries   have    appended    their 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        81 


1899 
Convention  and  affixed  their  seals 
to  it. 

Done  at  The  Hague,  the  29th 
July,  1899,  in  a  single  copy,  which 
shall  remain  in  the  archives  of 
the  Netherland  Government,  and 
copies  of  it,  duly  certified,  be  sent 
through  the  diplomatic  channel  to 
the  contracting  Powers. 

[Here  follow  signatures.] 


1907 

signatures  to  the  present  Conven- 
tion, 

Done  at  The  Hague,  the  i8th  Kgn^i. 
October,  ipo/,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified  Jo"powers°'"' 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  contracting  Powers. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on 
the  dates  indicated : 

Austria-Hungary    <  .  September  4,  1900 

Belgium    September  4,  1900 

Bulgaria  September  4,  1900 

China   ; .  .November  21,  1904 

Denmark    September  4,  1900 

France    September  4,  1900 

Germany    September  4,  1900 

Great  Britain September  4,  1900 

Greece   April  4,  1901 

Italy    September  4,  1900 

JapaTi    October  6,  1900 

Luxemburg    July  12,  1901 

Mexico    April  17,  1901 

Montenegra  October  16,  1900 

Netherlands   September  4,  1900 

Norway (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal  September  4,  1900 

Roumania    September  4,  1900 

Russia    September  4,  1900 

Servia    May  11,  1901 


82 


CONVENTIONS  I  OF  1899  AND  1907 


Siam   September  4,  1900 

Spain   September  4,  1900 

Sweden  and  Norway September  4,  1900 

Switzerland   December  29,  1900 

Turkey    June  12,  1907 

United  States   September  4,  1900 


Adhesions: 

Argentine  Republic June  15 

Bolivia    June  15 

Brazil    June  15 

Chile    . , June  15 

Colombia   June  15 

Cuba   June  15 

Dominican   Republic    June  15 

Ecuador    July  3 

Guatemala    June  15 

Haiti    June  15 

Nicaragua    June  15 

Panama   June  15 

Paraguay    June  15 

Peru    June  15 

Salvador  June  20 

Uruguay  June  17 

Venezuela  June  15 


1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 


Reservations:''- 
Roumania 

Under  the  reservations  formulated  with  respect  to  Articles 
16,  17  and  19  of  the  present  Convention  (15,  16  and  18  of  the 
project  presented  by  the  committee  on  examination),  and 
recorded  in  the  prods-verbal  of  the  sitting  of  the  Third 
Commission  of  July  20,  1899.^ 

Extract  from  the  proces-verhal: 

The  Royal  Government  of  Roumania  being  completely  in 
favor  of  the  principle  of  facultative  arbitration,  of  which  it  appre- 
ciates the  great  importance  in  international  relations,  neverthe- 


lAll  these  reservations  were  made  at  signature. 
^Reservations  maintained  at  ratification. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        83 

less  does  not  intend  to  undertake,  by  Article  15,  an  engagement 
to  accept  arbitration  in  every  case  there  provided  for,  and  it 
believes  it  ought  to  form  express  reservations  in  that  respect. 

It  can  not  therefore  vote  for  this  article,  except  under  that 
reservation. 

The  Royal  Government  of  Roumania  declares  that  it  can  not 
adhere  to  Article  16  except  with  the  express  reservation,  entered 
in  the  proces-vcrhal,  that  it  has  decided  not  to  accept,  in  any 
case,  an  international  arbitration  for  disagreements  or  disputes 
previous  to  the  conclusion  of  the  present  Convention. 

The  Royal  Government  of  Roumania  declares  that  in  ad- 
hering to  Article  18  of  the  Convention,  it  makes  no  engagement 
in  regard  to  obligatory  arbitration.^ 

Servia 

Under  the  reservations  recorded  in  the  proces-verhal  of  the 
Third  Commission  of  July  20,  1899.^ 

Extract  from  the  proces-verbal: 

In  the  name  of  the  Royal  Government  of  Servia,  we  have  the 
honor  to  declare  that  our  adoption  of  the  principle  of  good 
offices  and  mediation  does  not  imply  a  recognition  of  the  right 
of  third  States  to  use  these  means  except  with  the  extreme  re- 
serve which  proceedings  of  this  delicate  nature  require. 

We  do  not  admit  good  offices  and  mediation  except  on  con- 
dition that  their  character  of  purely  friendly  counsel  is  main- 
tained fully  and  completely,  and  we  never  could  accept  them 
in  forms  and  circumstances  such  as  to  impress  upon  them  the 
character  of  intervention. ^ 

Turkey 

Under  reservation  of  the  declaration  made  in  the  plenary 
sitting  of  the  Conference  of  July  25,  1899. 

Extract  from  the  proces-verhal: 

The  Turkish  delegation,  considering  that  the  work  of  this 
Conference  has  been  a  work  of  high  loyalty  and  humanity, 
destined  solely  to  assure  general  peace  by  safeguarding  the  in- 
terests and  the  rights  of  each  one,  declares,  in  the  name  of  its 
Government,  that  it  adheres  to  the  project  just  adopted,  on  the 
following  conditions : 

1.  It  is  formally  understood  that  recourse  to  good  offices 
and    mediation,    to    commissions    of    inquiry    and    arbitration    is 


^Declaration  of  Mr.  Beldiman.    Proces-verbaux,  pt.  iv,  p.  48. 

^Reservations  maintained  at  ratification. 

^Declaration  of  Mr.  Miyatovitch.    Proces-verbaux,  pt.  iv.  p.  47. 


84  CONVENTIONS  I  OF  1899  AND  1907 

purely  facultative  and  could  not  in  any  case  assume  an  obligatory 
character    or    degenerate  into  intervention ; 

2.  The  Imperial  Government  itself  vi^ill  be  the  judge  of  the 
cases  where  its  interests  w^ould  permit  it  to  admit  these  methods 
w^ithout  its  abstention  or  refusal  to  have  recourse  to  them  being 
considered  by  the  signatory  States  as  an  unfriendly  act. 

It  goes  without  saying  that  in  no  case  could  the  means  in 
question  be  applied  to  questions  concerning  interior  regulation. ^ 

United  States 

Under   reservation  of  the  declaration  made  at  the  plenary- 
sitting  of  the  Conference  on  the  25th  of  July,  1899.^ 

Extract  from  the  proces-verhal: 

The  delegation  of  the  United  States  of  America  on  signing 
the  Convention  for  the  pacific  settlement  of  international  dis- 
putes, as  proposed  by  the  International  Peace  Conference,  makes 
the  following  declaration : 

Nothing  contained  in  this  Convention  shall  be  so  construed  as 
to  require  the  United  States  of  America  to  depart  from  its 
traditional  policy  of  not  intruding  upon,  interfering  with,  or 
entangling  itself  in  the  political  questions  or  policy  or  internal 
administration  of  any  foreign  State;  nor  shall  anything  con- 
tained in  the  said  Convention  be  construed  to  imply  a  relinquish- 
ment by  the  United  States  of  America  of  its  traditional  attitude 
toward  purely  American    questions.^ 


The    1907    Convention    was    ratified   by   the    following    signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary    November  27,  1909 

Belgium   August  8,  1910 

Bolivia    November  27,  1909  " 

Brazil    January  5,  1914 

China    November  27,  1909 

Cuba    February  22,  1912 

Denmark    November  27,  1909 

France    October  7,  1910 


^Declaration  of  Turkhan  Pasha.  Proces-verbaux,  pt.  i,  p.  70.  This  reserva- 
tion does  not  appear  in  the  instrument  of  ratification, 

^Reservation  maintained  at  ratification. 

^Proces-verbaux,  pt.  i,  p.  69.  Compare  the  reservation  of  the  United  States 
to  the  1907  Convention,  post,  p.  87. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        85 

Germany    November  27,  1909 

Guatemala    March  15,  1911 

Haiti    February  2,  1910 

Japan   December  13,  1911 

Luxemburg    September  5,  1912 

Mexico November  27,  1909 

Netherlands    November  27,  1909 

Norway    September  19,  1910 

Panama   September  11,  191 1 

Portugal    April  13,  1911 

Roumania   March  1,  1912 

Russia  November  27,  1909 

Salvador  November  27,  1909 

Siam   March  12,  1910 

Spain  March  18,  1913 

Sweden    November  27,  1909 

Switzerland    May  12,  1910 

United  States November  27,  1909 

Lite 
Adhesion: 

Nicaragua  December  16,  1909 

The   following  Powers   signed  the   Convention  but  have  not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Servia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  Venezuela 
Italy  -        L  0 

Reservations-} 
Brazil 

With  reservation  as  to  Article  53  paragraphs  2,  3,  and  4.^ 

lAll  these  reservations  were  made  at  signature  except  the  second  reservation 
of  the  United  States. 

^Reservation  maintained  at  ratification.  ^ 


86  CONVENTIONS  I  OF  1899  AND  1907 

Chile 

Under  reservation  of  the  declaration  formulated  with  regard 
to  Article  39  in  the  seventh  meeting  of  the  First  Commission 
on  October  7. 

Extract  from  the  proces-verhal: 

The  delegation  of  Chile  desires  to  make  the  following  declara- 
tion in  the  name  of  its  Government  with  respect  to  this  article. 
Our  delegation  at  the  time  of  signing  the  Convention  of  1899 
for  the  pacific  settlement  of  international  disputes  did  so  with 
the  reservation  that  the  adhesion  of  its  Government  as  regards 
Article  17  would  not  include  controversies  or  questions  prior  to 
the  celebration  of  the  Convention. 

The  delegation  of  Chile  believes  it  to  be  its  duty  to-day  to  re- 
new, with  respect  to  the  same  provision,  the  reservation  that  it 
has  previously  made,  although  it  may  not  be  strictly  necessary 
in  view  of  the  similar  character  of  the  provision.^ 

Greece 

With  the  reservation  of  paragraph  2  of  Article  53. 

Japan 

With  reservation  of  paragraphs  3  and  4  of  Article  48,  of  para- 
graph 2  of  Article  53,  and  of  Article  54.^ 

Roumania 

With  the  same  reservations  formulated  by  the  Roumanian 
plenipotentiaries  on  signing  the  Convention  for  the  pacific 
settlement  of  international  disputes  of  July  29,  1899.^ 

Switzerland 

Under  reservation  of  Article  53,  number  2} 

Turkey 

Under  reservation  of  the  declarations  recorded  in  the  procbs- 
verbal  of  the  ninth  plenary  session  of  the  Conference  held  on 
October  16,  1907. 

Extract  from  the  proces-verhal: 

The  Ottoman  delegation  declares,  in  the  name  of  its  Govern- 
ment, that  while  it  is  not  unmindful  of  the  beneficent  influence 


^Statement  of  Mr.  Domingo  Gana.    Actes  et  documents,  vol.  ii,  p.  121. 

2Reservation  maintained  at  ratification. 

^Reservations  maintained  at  ratification.     See  ante,  p.  82. 


PACIFIC  SETTLEMENT  OF  INTERNATIONAL  DISPUTES        87 

which  good  offices,  mediation,  commissions  of  inquiry,  and  arbi- 
tration are  able  to  exercise  on  the  maintenance  of  the  pacific 
relations  between  States,  in  giving  its  adhesion  to  the  whole  of 
the  draft,  it  does  so  on  the  understanding  that  such  methods  re- 
main, as  before,  purely  optional;  it  could  in  no  case  recognize 
them  as  having  an  obligatory  character  rendering  them  susceptible 
of  leading  directly  or  indirectly  to  an  intervention. 

The  Imperial  Government  proposes  to  remain  the  sole  judge 
of  the  occasions  when  it  shall  be  necessary  to  have  recourse 
to  the  different  proceedings  or  to  accept  them  without  its  deter- 
mination on  the  point  being  liable  to  be  viewed  by  the  signatory 
States  as  an  unfriendly  act. 

It  is  unnecessary  to  add  that  such  methods  should  never  be 
applied  in  cases  of  internal  order.i 

United  States 

Under  reservation  of  the  declaration  made  in  the  plenary  ses- 
sion of  the  Conference  held  on  October  16.  1907.^ 

Extract  from  the  proces-verhal: 

The  delegation  of  the  United  States  renews  the  reserva- 
tion made  in  1899  on  the  subject  of  Article  48  of  the  Conven- 
tion for  the  pacific  settlement  of  international  disputes  in  the 
form  of  the  following  declaration : 

Nothing  contained  in  this  Convention  shall  be  so  construed  as 
to  require  the  United  States  of  America  to  depart  from  its  tradi- 
tional policy  of  not  intruding  upon,  interfering  with,  or  en- 
tangling itself  in  the  political  questions  of  policy  or  internal 
administration  of  any  foreign  State;  nor  shall  anything  contained 
in  the  said  Convention  be  construed  to  imply  a  relinquishment 
by  the  United  States  of  its  traditional  attitude  toward  purely 
American   questions.^ 

The  act  of  ratification  contains  the  following  reservation : 

That  the  United  States  approves  this  Convention  with  the  un- 
derstanding that  recourse  to  the  Permanent  Court  for  the  settle- 
ment of  differences  can  be  had  only  by  agreement  thereto  through 
general  or  special  treaties  of  arbitration  heretofore  or  hereafter 
concluded  between  the  parties  in  dispute;  and  the  United  States 
now  exercises  the  option  contained  in  Article  53  of  said  Con- 
vention, to  exclude  the  formulation  of  the  compromis  by  the 
Permanent  Court,  and  hereby  excludes  from  the  competence 
of  the  Permanent  Court  the  power  to  frame  the  compromis  re- 


iStatements  of  Turkhan  Pasha.    Actes  et  documents,  vol.  i,  p.  336. 

^Reservation  maintained  at  ratification, 

•Statement  of  Mr.  David  Jayne  Hill.    Actes  et  documents,  vol.  i,  p.  335. 


88  CONVENTIONS  I  OF  1899  AND  1907 

quired  by  general  or  special  treaties  of  arbitration  concluded 
or  hereafter  to  be  concluded  by  the  United  States,  and  further 
expressly  declares  that  the  compromis  required  by  any  treaty  of 
arbitration  to  which  the  United  States  may  be  a  party  shall  be 
settled  only  by  agreement  between  the  contracting  parties,  unless 
such  treaty  shall  expressly  provide  otherwise. 


CONVENTION  (II)  RESPECTING  THE  LIMITATION  OF  THE  EMPLOY- 
MENT OF  FORCE  FOR  THE  RECOVERY  OF  CONTRACT  DEBTS 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia ;  [etc.]  : 
Being  desirous  of  avoiding  between  nations  armed  conflicts  of  a  convemion 
pecuniary  origin  arising  from  contract  debts  which  are  claimed  from 
the  Government  of  one  country  by  the  Government  of  another  coun- 
try as  due  to  its  nationals,  have  resolved  to  conclude  a  Convention  to 
this  effect,  and  have  appointed  the  following  as  their  plenipotentiaries : 
[Here  follow  the  names  of  the  plenipotentiaries.] 
Who,  after  depositing  their  full  powers,  found  in  good  and  due  form, 
have  agreed  upon  the  following  provisions: 

Article  1 

The  contracting  Powers  agree  not  to  have  recourse  to  armed  force  not"toVe°used 
for  the  recovery  of  contract  debts  claimed  from  the  Government  of  loltr^adlh^l 
one  country  by  the  Government  of  another  country  as  being  due  to  its 
nationals. 

This  undertaking  is,  however,  not  applicable  when  the  debtor  State  Exception, 
refuses  or  neglects  to  reply  to  an  offer  of  arbitration,  or,  after  accept- 
ing the  offer,  prevents  any  comprornis  from  being  agreed  on,  or,  after 
the  arbitration,  fails  to  submit  to  the  award. 

Article  2 

It  is  further  agreed  that  the  arbitration  mentioned  in  paragraph  2  ^^S^*^"'* 
of  the  foregoing  article  shall  be  subject  to  the  procedure  laid  down 
in  Part  IV,  Chapter  III,  of  the  Hague  Convention  for  the  pacific 
settlement   of    international   disputes.     The   award    shall   determine.  Award. 
except  where  otherwise  agreed  between  the  parties,  the  validity  of  the 
claim,  the  amount  of  the  debt,  and  the  time  and  mode  of  payment. 


90 


CONVENTION  II  OF  1907 


Article  3 


Ratification. 

Deposit  at 
The  Hague. 


Certified  copies 
to  Powers. 


Non-signatory 
Powers 
may  adhere. 
Notification 
of  intent. 


Communication 
to  other 
Powers. 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verhal 
signed  by  the  representatives  of  the  Powers  taking  part  therein  and 
by  the  Netherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verhal  relative  to  the  first  de- 
posit of  ratifications,  of  the  notifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be  sent 
immediately  by  the  Netherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 

Article  4 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing 
to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion, 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  forward  immediately  to  all  the  other 
Powers  invited  to  the  Second  Peace  Conference  a  duly  certified  copy 
of  the  notification,  as  well  as  of  the  act  of  adhesion,  mentioning  the 
date  on  which  it  received  the  notification. 


Effect  of 
ratification. 


Article  5 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  prochs-verhal  of  this  deposit,  in  the  case 
of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has 
been  received  by  the  Netherland  Government. 


RECOVERY  OF  CONTRACT  DEBTS  91 

Article  6 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce  Denunciation. 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing 
to  the  Netherland  Government,  which  shall  immediately  communicate 
a  duly  certified  copy  of  the  notification  to  all  the  other  Powers,  in- 
forming them  at  the  same  time  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying  ^°4'fr'"^ 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland  ""'y  affected. 
Government. 

Article  7 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Affairs  shall  J^a^tf|'cat'io°ns. 
give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of  Article  3, 
paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifications  of 
adhesion  (Article  4,  paragraph  2)  or  of  denunciation  (Article  6,  para- 
graph 1)  were  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register  and 
to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa-  Signing. 
tures  to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which  ^/iPfn^^.**^ 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent  to  the  contracting 
Powers  through  the  diplomatic  channel. 

[Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary  November  27,  1909 

Denmark  November  27,  1909 

France  October  7, 1910 

Germany  November  27,  1909 

Great  Britain November  27,  1909 

Guatemala  March  15,  1911 

Haiti   February  2,  1910 

Japan  December  13, 1911 


92 


CONVENTION  II  OF  1907 


Mexico    November  27, 1909 

Netherlands   November  27,  1909 

Norway September  19,  1910 

Panama September  11, 1911 

Portugal April  13, 1911 

Russia , November  27, 1909 

Salvador  November  27, 1909 

Spain  March  18,  1913 

United  States   November  27, 1909 

Adhesions: 

China January  15,  1910 

Liberia    February  4, 1914 

Nicaragua   December  16, 1909 

The   following  Powers   signed  the  Convention   but  have  not  yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Servia 

Dominican  Republic  Turkey 

Ecuador  Uruguay 
Greece 


Reservations:^ 

Argentine  Republic 

The  Argentine  Republic  makes  the  following  reservations: 

1.  With  regard  to  debts  arising  from  ordinary  contracts 
between  the  citizen  or  subject  of  a  nation  and  a  foreign  Govern- 
ment, recourse  shall  not  be  had  to  arbitration  except  in  the 
specific  case  of  denial  of  justice  by  the  courts  of  the  country 
which  made  the  contract,  the  remedies  before  which  courts  must 
first  have  been  exhausted. 

2.  Public  loans,  secured  by  bond  issues  and  constituting  the 
national  debt,  shall  in  no  case  give  rise  to  military  aggression 
or  the  material  occupation  of  the  soil  of  American  nations. 


lAll  these  reservations,  except  those  of  Nicaragua  and  the  United  States,  were 
made  at  signature. 


RECOVERY  OF  CONTRACT  DEBTS  93 

Bolivia 

Under  the  reservation  stated  to  the  First  Commission. 

Extract  from  the  proces-verbal: 

It  seems  to  me,  therefore,  that  the  acceptance  of  the  propo- 
sition before  us  will  but  mean  the  legitimation  by  the  Peace 
Conference  of  a  certain  class  of  wars,  or  at  least  interventions 
based  on  disputes  which  relate  neither  to  the  honor  nor  vital 
interests  of  the  creditor  States. 

In  consequence  of  these  forceful  reasons,  the  delegation  of 
Bolivia  regrets  not  to  give  its  entire  assent  to  the  proposition 
under  discussion.^ 

Colombia 

Colombia  makes  the  following  reservations : 

It  does  not  agree  to  the  employment  of  force  in  any  case  for 
the  recoverv'  of  debts,  whatever  be  their  nature.  It  accepts  arbi- 
tration only  after  a  final  decision  has  been  rendered  by  the 
courts  of  the  debtor  nations. 

Dominican  Republic 

With  the  reservation  made  at  the  plenary  session  of  October 
16,  1907. 

Extract  from  the  proces-verbal: 

The  delegation  of  the  Dominican  Republic  confirms  its  fav- 
orable vote  on  the  proposal  of  the  delegation  of  the  United 
States  relative  to  the  limitation  of  the  employment  of  force  for 
the  recovery  of  contract  debts ;  but  it  renews  its  reservation  as 
to  the  condition  contained  in  this  part  of  the  clause:  "or  after 
accepting  the  offer,  prevents  any  compromis  from  being  agreed 
on,"  as  its  interpretation  might  lead  to  excessive  consequences 
which  would  be  the  more  regrettable  as  they  are  provided  for 
and  avoided  in  the  plan  of  Article  53  of  the  new  Convention  for 
the  pacific  settlement  of  international  disputes. ^ 

Ecuador 

With  the  reservations  made  at  the  plenary  session  of  October 
16,  1907. 

Extract  from  the  proces-verbal: 

The  delegation  of  Ecuador  will  vote  affirmatively  while 
maintaining  the  reser^'ations  made  in  the  First  Commission.^ 


'o 


^Statement  of  Mr.  Claudio  Pinilla.    Actes  et  documents,  vol.  ii,  p.  142. 
^Statement  of  Mr.  Apolinar  Tejera.    Actes  et  documents,  vol.  i,  p.  337. 
^Statement  of  Mr.  Dorn  y  de  Alsua.   Actes  et  documents,  vol.  i,  p.  338. 


94  CONVENTION  II  OF  1907 

Greece 

With  the  reservation  made  at  the  plenary  session  of  October 
16,  1907. 

Extract  from  the  proces-verbal: 

In  the  eighth  meeting  of  the  First  Commission  the  Greek 
delegation,  being  without  definite  instructions,  was  obliged  to 
reserve  its  vote  on  the  subject  of  the  proposition  of  the  United 
States  of  America  on  the  treatment  of  contract  debts.  We  are 
to-day  in  a  position  to  declare  that  the  Royal  Government  accepts 
the  said  proposition,  which  has  for  its  aim  the  doing  away,  by 
peaceful  means,  of  differences  between  nations  and  the  exclu- 
sion, conformably  to  the  principles  of  international  law,  of  the 
employment  of  armed  force  outside  of  armed  conflicts.  We  con- 
sider, at  the  same  time,  that  the  provisions  contained  in  para- 
graphs 2  and  3  of  the  text  voted  can  not  affect  existing  stipula- 
tions nor  laws  in  force  in  the  realm. i 

Guatemala 

1.  With  regard  to  debts  arising  from  ordinary  contracts  be- 
tween the  citizens  or  subjects  of  a  nation  and  a  foreign  Gov- 
ernment, recourse  shall  be  had  to  arbitration  only  in  case  of 
denial  of  justice  by  the  courts  of  the  country  which  made  the 
contract,  the  remedies  before  which  courts  must  first  have 
been  exhausted.^ 

2.  Public  loans  secured  by  bond  issues  and  constituting  na- 
tional debts  shall  in  no  case  give  rise  to  military  aggression  or 
the  material  occupation  of  the  soil  of  American  nations.'* 

Nicaragua 

The  act  of  adhesion  contains  the  following  reservations: 

(a)  With  regard  to  debts  arising  from  ordinary  contracts 
between  the  citizen  or  subject  of  a  nation  and  a  foreign  Govern- 
ment, recourse  shall  be  had  to  arbitration  only  in  the  specific 
case  of  a  denial  of  justice  by  the  courts  of  the  country  where  the 
contract  was  made,  the  remedies  before  which  courts  must  first 
have  been  exhausted. 

(b)  Public  loans  secured  by  bond  issues  and  constituting  the 
national  debt  shall  in  no  case  give  rise  to  military  aggression  or 
the  material  occupation  of  the  soil  of  American  nations. 


^Statement  of  Mr.  Rangabe.    Actes  et  documents,  vol.  i,  p.  336. 
^Reservation  maintained  at  ratification. 


RECOVERY  OF  CONTRACT  DEBTS  95 

Peru 

Under  the  reservation  that  the  principles  laid  down  in  this 
Convention  shall  not  be  applicable  to  claims  or  differences 
arising  from  contracts  concluded  by  a  country  with  foreign 
subjects  when  it  has  been  expressly  stipulated  in  these  con- 
tracts that  the  claims  or  differences  must  be  submitted  to  the 
judges  or  courts  of  the  country. 

Salvador 

We  make  the  same  reservations  as  the  Argentine  Republic 
above.^ 

United  States 

The  act  of  ratification  contains  the  following  reservation : 

That  the  United  States  approves  this  Convention  with  the 
understanding  that  recourse  to  the  Permanent  Court  for  the  set- 
tlement of  the  differences  referred  to  in  said  Convention  can  be 
had  only  by  agreement  thereto  through  general  or  special  treaties 
of  arbitration  heretofore  or  hereafter  concluded  between  the 
parties  in  dispute. 

Uruguay 

Under  reservation  of  the  second  paragraph  of  Article  1,  be- 
cause the  delegation  considers  that  arbitration  may  always  be 
refused  as  a  matter  of  right  if  the  fundamental  law  of  the 
debtor  nation,  prior  to  the  contract  which  has  given  rise  to  the 
doubts  or  disputes,  or  this  contract  itself,  has  stipulated  that 
such  doubts  or  disputes  shall  be  settled  by  the  courts  of  the 
said  nation. 


^Ante,  p.  92.     Reservation  maintained  at  ratification. 


CONVENTION  (III)  RELATIVE  TO  THE  OPENING  OF  HOSTILITIES 

Sig-ned  at  The  Hague,  October  18,  1907 


Purpose   of 
Convention. 


Plenipotentiaries 


Notice  of 

commencing 

hostilities. 


His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Considering  that  it  is  important,  in  order  to  ensure  the  maintenance 
of  pacific  relations,  that  hostilities  should  not  commence  without 
previous  warning; 

That  it  is  equally  important  that  the  existence  of  a  state  of  war 
should  be  notified  without  delay  to  neutral  Powers ; 

Being  desirous  of  concluding  a  Convention  to  this  effect,  have  ap- 
pointed the  following  as  their  plenipotentiaries : 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  provisions : 

Article  1 

The  contracting  Powers  recognize  that  hostilities  between  them- 
selves must  not  commence  without  previous  and  explicit  warning, 
in  the  form  either  of  a  reasoned  declaration  of  war  or  of  an  ultimatum 
with  conditional  declaration  of  war. 


Notice   to 
neutral  Powers. 


Article  2 

The  existence  of  a  state  of  war  must  be  notified  to  the  neutral 
Powers  without  delay,  and  shall  not  take  effect  in  regard  to  them 
until  after  the  receipt  of  a  notification,  which  may,  however,  be  given 
by  telegraph.  Neutral  Powers,  nevertheless,  cannot  rely  on  the 
absence  of  notification  if  it  is  clearly  established  that  they  were  in 
fact  aware  of  the  existence  of  a  state  of  war. 


Effect   on 

contracting 

Powers. 


Article  3 

Article   1   of  the  present  Convention  shall   take  effect  in  case  of 
war  between  two  or  more  of  the  contracting  Powers. 


THE  OPENING  OF  HOSTILITIES  97 

Article  2  is  binding  as  between  a  belligerent  Power  whfch  is  a 
party  to  the  Convention  and  neutral  Powers  which  are  also  parties 
to  the  Convention. 

Article  4 

The  present  Convention  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratifications  shall  be  deposited  at  The  Hague.  xh'^H*  ^* 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verbal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Aflfairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means 
of  a  written  notification  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit  Certified  copies, 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once 
sent  by  the  Netherland  Government  through  the  diplomatic  channel 
to  the  Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to 
the  other  Powers  which  have  adhered  to  the  Convention.  In  the  cases 
contemplated  in  the  preceding  paragraph,  the  said  Government  shall  at 
the  same  time  inform  them  of  the  date  on  which  it  received  the 
notification. 

Article  5 

Non-signatory  Powers  may  adhere  to  the  present  Convention.  Non-signatory 

The  Power  which  wishes  to  adhere  notifies  in  writing  its  intention  may  adhere. 

to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion,  of  intent. 

which  shall  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  at  once  forward  to  all  the  other  Powers  Communication 

11  -^1  r     1  -^         •  11  r     1  r       11  to  other  Powers. 

a  duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhe- 
sion, stating  the  date  on  which  it  received  the  notification. 

Article  6 
The  present  Convention  shall  come  into  force,  in  the  case  of  the  EflFect  of 

.  .-._..  ratification. 

Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verbal  of  that  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  adhesion 
has  been  received  by  the  Netherland  Government. 


98 


CONVENTION  III  OF  1907 


Denunciation. 


Notifying  Power 
only  affected. 


Re^ster   of 
ratifications. 


Signing. 


Deposit 
of  original. 


Article  7 

In  the  event  of  one  of  the  high  contracting  Parties  wishing  to 
denounce  the  present  Convention,  the  denunciation  shall  be  notified 
in  writing  to  the  Netherland  Government,  which  shall  at  once  com- 
municate a  duly  certified  copy  of  the  notification  to  all  the  other 
Powers,  informing  them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  8 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  4,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifica- 
tions of  adhesion  (Article  5,  paragraph  2)  or  of  denunciation  (Ar- 
ticle 7,  paragraph  1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel,  to  the  Powers  which  have  been  invited  to  the  Second 
Peace  Conference. 

[Here  follow  signatures.] 


RATIFICATIONS,   ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated: 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Bolivia November  27,  1909 

Brazil January  5,  1914 

Denmark November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 


THE  OPENING  OF  HOSTILITIES  99 

Great   Britain November  27,  1909 

Guatemala March  15,  1911 

Haiti February  2,  1910 

Japan December  13,  191 1 

Luxemburg September  5,  1912 

Mexico November  27,  1909 

Netherlands November  27,  1909 

Norway September  19,  1910 

Panama September  11,  1911 

Portugal April  13,  1911 

Roumania March  1,  1912 

Russia November  27,  1909 

Salvador November  27,  1909 

Siam March  12,  1910 

Spain March  18,  1913 

Sweden November  27,  1909 

Switzerland May  12,  1910 

United   States November  27,  1909 

Adhesions: 

China January  15,  1910 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

The   following  Powers   signed  the   Convention  but   have  not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Servia 

Dominican  Republic  Turkey 

Ecuador  Uruguay 

Greece  Venezuela 
Italy 

Reservations :  none. 


THE  HAGUE  CONVENTIONS  OF  1899   (II)  AND  1907  (IV)  RESPECTING 
THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


Purpose  of 
Convention. 


1899 


1907 


Convention  (II)  with  respect  to  Convention  (IV)  respecting  the 

the  laws  and  customs  of  war  on  laws  and  customs  of   war  on 

land. — Signed   at   The   Hague,  land. — Signed   at   The   Hague, 

July  29,  1899.  October  18,  1907.^ 


His  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  : 

Considering  that,  while  seeking 
means  to  preserve  peace  and  pre- 
vent armed  conflicts  among  na- 
tions, it  is  likewise  necessary  to 
have  regard  to  cases  where  an  ap- 
peal to  arms  may  be  caused  by 
events  which  their  solicitude  could 
not  avert ; 

Animated  by  the  desire  to  serve, 
even  in  this  extreme  hypothesis, 
the  interests  of  humanity  and  the 
ever  increasing  requirements  of 
civilization  ; 

Thinking  it  important,  with  this 
object,  to  revise  the  laws  and  gen- 
eral customs  of  war,  either  with 
the  view  of  defining  them  more 
precisely,  or  of  laying  down  cer- 
tain limits  for  the  purpose  of 
modifying  their  severity  as  far  as 
possible ; 


His  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  : 

Seeing  that,  while  seeking 
means  to  preserve  peace  and  pre- 
vent armed  conflicts  between  na- 
tions, it  is  likewise  necessary  to 
bear  in  mind  the  case  where  the 
appeal  to  arms  has  been  brought 
about  by  events  which  their  care 
was  unable  to  avert; 

Animated  by  the  desire  to 
serve,  even  in  this  extreme  case, 
the  interests  of  humanity  and  the 
ever  progressive  needs  of  civiliza- 
tion; 

Thinking  it  important,  with  this 
object,  to  revise  the  general  laws 
and  customs  of  war,  either  with 
a  view  to  defining  them  with 
greater  precision  or  to  confining 
them  within  such  limits  as  would 
mitigate  their  severity  as  far  as 
possible; 


^Italics  indicate  differences  between  the  Conventions  of  1899  and  1907. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND  101 

1899  1907 

Inspired  by  these  views  which  Have   deemed   it   necessary   to 

are  enjoined  at  the  present  day,  as  complete   and  explain  in  certain 

they  were  twenty-five  years  ago  at  particulars  the  work  of  the  First 

the  time  of  the  Brussels  Confer-  Peace  Conference,  zvhich,  follow- 

ence  in  1874,  by  a  wise  and  gener-  ing  on  the  Brussels  Conference  of 

ous  foresight;  1S74,  and  inspired  by  the  ideas 

Have,  in  this  spirit,  adopted  a  dictated  by  a  wise  and  generous 

great  number  of  provisions,  the  forethought,    adopted    provisions 

object  of  which  is  to  define  and  intended  to  deiine  and  govern  the 

govern  the  usages  of  war  on  land,  usages  of  zvar  on  land. 

In  view  of  the  high  contracting  According  to  the  views  of  the 

Parties,     these     provisions,     the  high    contracting    Parties,    these 

wording  of  which  has  been   in-  provisions,  the  wording  of  which 

spired  by  the  desire  to  diminish  the  has  been  inspired  by  the  desire  to 

evils  of  war  so  far  as  military  ne-  diminish  the  evils  of  war,  as  far  as 

cessities   permit,   are   destined   to  military  requirements  permit,  are 

serve  as  general  rules  of  conduct  intended  to  serve  as  a  general  rule 

for  belligerents  in  their  relations  of  conduct  for  the  belligerents  in 

with  each  other  and  with  popu-  their  mutual  relations  and  in  their 

lations.  relations  with  the  inhabitants. 

It  has  not,  however,  been  possi-  It  has  not,  however,  been  found 

ble  to  agree  forthwith  on  provi-  possible    at    present    to    concert 

sions   embracing  all  the   circum-  regulations   covering   all   the   cir- 

stances  which  occur  in  practice.  cumstances  which  arise  in  prac- 
tice; 

On  the  other  hand,  it  could  not  On   the   other   hand,   the  high 

be  intended  by  the  high  contract-  contracting  Parties  clearly  do  not 

ing  Parties  that  the  cases  not  pro-  intend     that     unforeseen     cases 

vided  for  should,  for  want  of  a  should,  in  the  absence  of  a  written 

written  provision,  be  left  to  the  undertaking,  be  left  to  the  arbi- 

arbitrary  judgment  of  the  military  trary  judgment  of  military  com- 

commanders.  manders. 

Until  a  more  complete  code  of  Until  a  more  complete  code  of 

the  laws  of  war  is  issued,  the  high  the  laws  of  war  has  been  issued, 

contracting  Parties  think  it  right  the     high     contracting     Parties 

to  declare  that  in   cases  not  in-  deem  it  expedient  to  declare  that, 

eluded  in  the  Regulations  adopted  in  cases  not  included  in  the  Regu- 

by  them,  populations  and  belliger-  lations  adopted  by  them,  the  in- 


102 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Plenipotentiaries. 


1899 

ents  remain  under  the  protection 
and  empire  of  the  principles  of 
international  law,  as  they  result 
from  the  usages  established  be- 
tween civilized  nations,  from  the 
laws  of  humanity,  and  the  require- 
ments of  the  public  conscience; 

They  declare  that  it  is  in  this 
sense  especially  that  Articles  1  ancf 
2  of  the  Regulations  adopted  must 
be  understood ; 

The  high  contracting  Parties, 
desiring  to  conclude  a  Convention 
to  this  effect,  have  appointed  as 
their  plenipotentiaries,  to  wit : 

[Here  follow  the  names  of 
plenipotentiaries.  ] 

Who,  after  communication  of 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  on  the 
following : 


1907 

habitants  and  the  belligerents  re- 
main under  the  protection  and  the 
rule  of  the  principles  of  the  law  of 
nations,  as  they  result  from  the 
usages  established  among  civilized 
peoples,  from  the  laws  of  human- 
ity, and  the  dictates  of  the  public 
conscience. 

They  declare  that  it  is  in  this 
sense  especially  that  Articles  1  and 
2  of  the  Regulations  adopted  must 
be  understood. 

The  high  contracting  Parties, 
wishing  to  conclude  a  fresh  Con- 
vention to  this  effect,  have  ap- 
pointed the  following  as  their 
plenipotentiaries : 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  having  deposited 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon 
the  following: 


Instructions 
to  armed 
land  forces. 


Article  1 

The  high  contracting  Parties 
shall  issue  instructions  to  their 
armed  land  forces,  which  shall  be 
in  conformity  with  the  "Regula- 
tions respecting  the  laws  and  cus- 
toms of  war  on  land"  annexed 
to  the  present  Convention. 


Article  1 

The  contracting  Powers  shall 
issue  instructions  to  their  armed 
land  forces  which  shall  be  in  con- 
formity with  the  Regulations  re- 
specting the  laws  and  customs  of 
war  on  land,  annexed  to  the 
present  Convention. 


Powers  bound. 


/ 


Article  2 


/  The  provisions  contained  in  the 
Regulations  mentioned  in  Article 
1  are  only  binding  on  the  contract- 


Article  2 

The  provisions  contained  in  the 
Regulations  referred  to  in  Article 
1,  as  well  as  in  the  present  Con- 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


103 


1899 
ing  Powers,  in  case  of  war  be- 
tween two  or  more  of  them. 

These  provisions  shall  cease  to 
be  binding  from  the  time  when,  in 
a  war  between  contracting  Pow- 
ers, a  non-contracting  Power  joins 
one  of  the  belligerents. 


1907 

vention,  do  not  apply  except  be- 
tween contracting  Powers,  and 
then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 


Article  3^ 


Penalty  for 
violating 


A  belligerent  party  which  vio 
lates  the  provisions  of  the  said  regulations, 
Regulations  shall,  if  the  case  de- 
mands, be  liable  to  pay  compen- 
sation. It  shall  be  responsible  for 
all  acts  committed  by  persons 
forming  part  of  its  armed  forces. 


Article  4 

The  present  Convention,  duly  fil^^[^°^ced' 
ratified,  shall  as  between  the 
contracting  Powers,  be  substi- 
tuted for  the  Convention  of  the 
2pth  July,  i8pp,  respecting  the 
laws  and  customs  of  war  on  land. 

The     Convention     of     l800     re-    Continuance 

'  -^-^  of  former 

mains   in   force   as   between   the  Convention. 
Powers  li/hich  signed  it,  and  which 
do  not  also  ratify  the  present  Con- 
vention. 


Article  3 

The  present  Convention  shall  be 
ratified  as  speedily  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Hague. 


Article  5 

The  present  Convention  shall  be  Ratification, 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  depos-  ^^p°^j*  ** 

^  The  Hague. 

ited  at  The  Hague. 

The  first  deposit  of  ratifications 
shall  be  recorded  in  a  procks- 
verbal  signed  by  the  Representa- 


iTurkey  made  reservation  of  Article  3. 


104 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 


Certified  copies 
to  Powers. 


A  proces-verbal  shall  be  drawn 
up  recording  the  receipt  of  each 
ratification,  and  a  copy,  duly  cer- 
tified, shall  be  sent  through  the 
diplomatic  channel,  to  all  the  con- 
tracting Powers. 


1907 

tives  of  the  Powers  which  take 
part  therein  and  by  the  Nether- 
land  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  rati- 
fications shall  be  made  by  means  of 
a  written  notification,  addressed 
to  the  Netherland  Government 
and  accompanied  by  the  instru- 
ment of  ratification. 

A  duly  certified  copy  of  the 
proces-verbal  relative  to  the  first 
deposit  of  ratifications,  of  the  no- 
tifications mentioned  in  the  pre- 
ceding paragraph,  as  well  as  of  the 
instruments  of  ratification,  shall 
be  immediately  sent  by  the  Neth- 
erland Government,  through  the 
diplomatic  channel,  to  the  Powers 
invited  to  the  Second  Peace  Con- 
ference, as  well  as  to  the  other 
Pozvers  which  have  adhered  to 
the  Convention.  In  the  cases 
contemplated  in  the  preceding 
paragraph  the  said  Government 
shall  at  the  same  time  inform  them 
of  the  date  on  which  it  received 
the  notification. 


Adherence  of 
non-signatory 
Powers. 


Notification 
of  intent. 


Article  4 

Non-signatory  Powers  are  al- 
lowed to  adhere  to  the  present 
Convention. 

For  this  purpose  they  must 
make  their  adhesion  known  to  the 
contracting  Powers  by  means  of  a 
written  notification,  addressed  to 
the  Netherland  Government,  and 


Article  6 

Non-signatory  Powers  may  ad- 
here to  the  present  Convention. 

The  Power  zvhich  desires  to  ad- 
here notifies  in  writing  its  inten- 
tion to  the  N etherland  Govern- 
ment, forwarding  to  it  the  act  of 
adhesion,  which  shall  be  deposited 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


105 


1899  1907 

by  it  communicated  to  all  the  other     in  the  archives  of  the  said  Goverrir- 
contracting  Powers.  ment. 

This  Government  shall  at  once  Communication 

to  other  Powers. 

transmit  to  all  the  other  Powers 
a  duly  certified  copy  of  the  noti- 
fication as  well  as  of  the  act  of 
adhesion,  mentioning  the  date  on 
which  it  received  the  notification. 


Article  7 

The  present  Convention  shall 
come  into  force,  in  the  case  of  the 
Powers  zvhich  were  a  party  to  the 
first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  procts- 
verbal  of  this  deposit,  and,  in  the 
case  of  the  Powers  which  ratify 
subsequently  or  which  adhere, 
sixty  days  after  the  notification  of 
their  ratification  or  of  their  ad- 
hesion has  been  received  by  the 
Netherland  Government. 


Effect  of 
ratification. 


Article  5 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Convention,  such  de- 
nunciation would  not  take  effect 
until  a  year  after  the  written  noti- 
fication made  to  the  Netherland 
Government,  and  by  it  at  once 
communicated  to  all  the  other  con- 
tracting Powers. 


This   denunciation    shall 
only  the  notifying  Power. 


affect 


Article  8 

In  the  event  of  one  of  the  con- 
tracting Powers  wishing  to  de- 
nounce the  present  Convention, 
the  denunciation  shall  be  notified 
in  zvriting  to  the  Netherland 
Government,  which  shall  at  once 
communicate  a  didy  certified  copy 
of  the  notification  to  all  the  other 
Powers,  informing  thejn  of  the 
date  on  zvhich  it  was  received. 

The  denunciation  shall  only 
have  effect  in  regard  to  the  noti- 


Denunciation. 


Notifying  Power 
only  affected. 


106 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 


1907 

fying  Power,  and  one  year  after 
the  notification  has  reached  the 
Netherland  Government. 


Register  of 
ratifications. 


Signing. 


Deposit 
of  original. 


In  faith  of  which  the  plenipo- 
tentiaries have  signed  the  present 
Convention  and  affixed  their  seals 
thereto. 

Done  at  the  Hague  the  29th 
July,  1899,  in  a  single  copy,  which 
shall  be  kept  in  the  archives  of  the 
Netherland  Government,  and 
copies  of  which,  duly  certified, 
shall  be  delivered  to  the  contract- 
ing Powers  through  the  diploma- 
tic channel. 


[Here  follow  signatures.] 


Article  9 

A  register  kept  by  the  Nether- 
land Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit 
of  ratifications  made  in  virtue  of 
Article  5,  paragraphs  5  and  4,  as 
well  as  the  date  on  which  the  noti- 
fications of  adhesion  (Article  6, 
paragraph  2),  or  of  denunciation 
(Article  8,  paragraph  i)  were  re- 
ceived. 

Each  contracting  Power  is  en^ 
titled  to  have  access  to  this  reg- 
ister and  to  be  supplied  with  duly 
certified  extracts. 

In  faith  whereof  the  plenipo- 
tentiaries have  appended  their 
signatures  to  the  present  Con- 
vention. 

Done  at  The  Hague,  the  i8th 
October,  igoy,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  Powers  which  have  been 
invited  to  the  Second  Peace 
Conference. 

[Here  follow  signatures.] 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


107 


1899 

Annex  to  the  Convention 

REGULATIONS  RESPECTING  THE 
LAWS  AND  CUSTOMS  OF  WAR  ON 
LAND 


1907 

Annex  to  the  Convention 

REGULATIONS        RESPECTING        THE    Regulations. 
LAWS  AND  CUSTOMS  OF  WAR  ON 
LAND 


Section  I. — On  Belligerents         Section  I. — On  Belligerents     Belligerents. 


Chapter    I. — On    the    QualiUca- 
tions  of  Belligerents 

Article  1 

The  laws,  rights,  and  duties  of 
war  apply  not  only  to  armies,  but 
also  to  militia  and  volunteer  corps, 
fulfilling  the  following  conditions : 

1.  To  be  commanded  by  a  per- 
son responsible  for  his  subordi- 
nates ; 

2.  To  have  a  fixed  distinctive 
emblem  recognizable  at  a  dis- 
tance ; 

3.  To  carry  arms  openly;  and 

4.  To  conduct  their  operations 
in  accordance  with  the  laws  and 
customs  of  war. 

In  countries  where  militia  or 
volunteer  corps  constitute  the 
army,  or  form  part  of  it,  they  are 
included  under  the  denomination 
"army." 

Article  2 

The  population  of  a  territory 
which  has  not  been  occupied  who, 
on  the  enemy's  approach,  spon- 
taneously take  up  arms  to  resist 
the  invading  troops  without  hav- 
ing time  to  organize  themselves 


Chapter    I. — The    Qualifications  Qualifications. 
of  Belligerents 

Article  1 

The  laws,  rights,  and  duties  of  Application  of 

'^  laws  of  war 

war  apply  not  only  to  armies,  but   to  all  forces, 
also  to  militia  and  volunteer  corps 
fulfilling  the  following  conditions : 

1.  To  be  commanded  by  a  per-   Description, 
son   responsible  for  his  subordi- 
nates ; 

2.  To  have  a  fixed  distinctive 
emblem  recognizable  at  a  dis- 
tance ; 

3.  To  carry  arms  openly;  and 

4.  To  conduct  their  operations 
in  accordance  with  the  laws  and 
customs  of  war. 

In   countries   where   militia   or  Forces  included 

in  "army." 

volunteer  corps  constitute  the 
army,  or  form  part  of  it,  they  are 
included  under  the  denomination 
"army." 

Article  2 

The  inhabitants  of  a  territory   Unorganized 
which  has  not  been  occupied,  who,   recognized. 
on   the   approach   of   the   enemy, 
spontaneously    take    up    arms    to 
resist  the  invading  troops  without 
having    had     time     to     organize 


108 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 

in  accordance  with  Article  1,  shall 
be  regarded  as  belligerent,  if  they 
respect  the  laws  and  customs  of 
war. 


1907 

themselves  in  accordance  with 
Article  1,  shall  be  regarded  as 
belligerents  {/  they  carry  arms 
openly  and  if  they  respect  the  laws 
and  customs  of  war. 


Combatants  and 
non-combatants. 


Article  3 

The  armed  forces  of  the  bellig- 
erent parties  may  consist  of  com- 
batants and  non-combatants.  In 
case  of  capture  by  the  enemy  both 
have  a  right  to  be  treated  as 
prisoners  of  war. 


Article  3 

The  armed  forces  of  the  bellig- 
ent  parties  may  consist  of  com- 
batants and  non-combatants.  In 
the  case  of  capture  by  the  enemy, 
both  have  a  right  to  be  treated  as 
prisoners  of  war. 


Prisoners 
of  war. 


Responsibility 
of  capturing 
Government. 


Treatment. 

Personal 
belongings. 


Chapter    II. — On    Prisoners    of     Chapter  II. — Prisoners  of  War 
War 


Article  4 

Prisoners  of  war  are  in  the 
power  of  the  hostile  Government, 
but  not  in  that  of  the  individuals 
or  corps  who  captured  them. 

They  must  be  humanely  treated. 

All  their  personal  belongings, 
except  arms,  horses,  and  military 
papers  remain  their  property. 


Article  4 

Prisoners  of  war  are  in  the 
power  of  the  hostile  Government, 
but  not  of  the  individuals  or  corps 
who  capture  them. 

They  must  be  humanely  treated. 

All  their  personal  belongings, 
except  arms,  horses,  and  military 
papers,  remain  their  property. 


Article  5 

Confinement.  Prisoucrs   of   war  may  be  in- 

terned in  a  town,  fortress,  camp, 
or  any  other  locality,  and  bound 
not  to  go  beyond  certain  fixed 
limits ;  but  they  can  only  be  con- 
fined as  an  indispensable  measure 
of  safety. 


Article  5 

Prisoners  of  war  may  be  in- 
terned in  a  town,  fortress,  camp, 
or  other  place,  and  bound  not  to 
go  beyond  certain  fixed  limits ; 
but  they  can  not  be  confined  ex- 
cept as  an  indispensable  measure 
of  safety  and  only  while  the  cir- 
cumstances which  necessitate  the 
measure  continue  to  exist. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


109 


1899 
Article  6 

The  State  may  utilize  the  labor 
of  prisoners  of  war  according  to 
their  rank  and  aptitude.  Their 
tasks  shall  not  be  excessive,  and 
shall  have  nothing  to  do  with  the 
military  operations. 

Prisoners  may  be  authorized  to 
work  for  the  public  service,  for 
private  persons,  or  on  their  own 
account. 

Work  done  for  the  State  shall 
be  paid  for  according  to  the  tariffs 
in  force  for  soldiers  of  the  na- 
tional army  employed  on  similar 
tasks. 

When  the  work  is  for  other 
branches  of  the  public  service  or 
for  private  persons,  the  conditions 
shall  be  settled  in  agreement  with 
the  military  authorities. 

The  wages  of  the  prisoners  shall 
go  towards  improving  their  posi- 
tion, and  the  balance  shall  be  paid 
them  at  the  time  of  their  release, 
after  deducting  the  cost  of  their 
maintenance. 


1907 
Article  6 

The  State  may  utilize  the  la-  ^^"",^^7"^"' 
bor  of  prisoners  of  war  accord- 
ing to  their  rank  and  aptitude,  of- 
iicers  excepted.  The  tasks  shall 
not  be  excessive  and  shall  have 
no  connection  with  the  operations 
of  the  war. 

Prisoners  may  be  authorized 
to  work  for  the  public  service,  for 
private  persons,  or  on  their  own 
account. 

Work  done  for  the  State  is  paid  Payment, 
for  at  the  rates  in  force  for  work 
of  a  similar  kind  done  by  soldiers 
of  the  national  army,  or,  if  there 
are  none  in  force,  at  a  rate  ac- 
cording to  the  work  executed. 

When  the  work  is  for  other 
branches  of  the  public  service  or 
for  private  persons  the  conditions 
are  settled  in  agreement  with  the 
military   authorities. 

The  wages  of  the  prisoners  shall  Use  of  wages, 
go  towards  improving  their  posi- 
tion, and  the  balance  shall  be  paid 
them  on  their  release,  after  de- 
ducting the  cost  of  their  mainte- 
nance. 


Article  7 


Article  7 


The    Government    into    whose         The    Government    into    whose   Maintenance, 

hands  prisoners  of  war  have  fallen  hands  prisoners  of  war  have  fallen 

is  bound  to  maintain  them.  is    charged    with    their    mainte- 
nance. 

Failing  a  special  agreement  be-  In    the    absence    of    a    special   General 

,11,-.  ,  ,         ,     ,;.  treatment. 

tween  the  belligerents,  prisoners  agreement   between   the  belliger- 


no 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 
of  war  shall  be  treated  as  regards 
food,  quarters,  and  clothing,  on 
the  same  footing  as  the  troops  of 
the  Government  which  has  cap- 
tured them. 


1907 

ents,  prisoners  of  war  shall  be 
treated  as  regards  board,  lodging, 
and  clothing  on  the  same  footing 
as  the  troops  of  the  Government 
who  captured  them. 


Subject  to 
military 
laws,  etc. 


Insubordination. 


Recaptured 
prisoners. 


Article  8 

Prisoners  of  war  shall  be  sub- 
ject to  the  laws,  regulations,  and 
orders  in  force  in  the  army  of  the 
State  into  whose  hands  they  have 
fallen.  Any  act  of  insubordina- 
tion warrants  the  adoption,  as  re- 
gards them,  of  such  measures  of 
severity  as  may  be  necessary. 

Escaped  prisoners,  recaptured 
before  they  have  succeeded  in  re- 
joining their  army,  or  before  quit- 
ting the  territory  occupied  by  the 
army  that  captured  them,  are  lia- 
ble to  disciplinary  punishment. 

Prisoners  who,  after  succeeding 
in  escaping  are  again  taken  pris- 
oners, are  not  liable  to  any  punish- 
ment for  the  previous  flight. 


Article  8 

Prisoners  of  war  shall  be  sub- 
ject to  the  laws,  regulations,  and 
orders  in  force  in  the  army  of  the 
State  in  whose  power  they  are. 
Any  act  of  insubordination  justi- 
fies the  adoption  towards  them  of 
such  measures  of  severity  as  may 
be  considered  necessary. 

Escaped  prisoners  who  are  re- 
taken before  being  able  to  rejoin 
their  own  army  or  before  leaving 
the  territory  occupied  by  the 
army  which  captured  them  are 
liable  to  disciplinary  punishment. 

Prisoners  who,  after  succeeding 
in  escaping,  are  again  taken  pris- 
oners, are  not  liable  to  any  pun- 
ishment on  account  of  the  pre- 
vious flight. 


Restrictiona 
for  false 
statements. 


Article  9 

Every  prisoner  of  war,  if  ques- 
tioned, is  bound  to  declare  his  true 
name  and  rank,  and  if  he  disre- 
gards this  rule,  he  is  liable  to  a 
curtailment  of  the  advantages  ac- 
corded to  the  prisoners  of  war  of 
his  class. 


Article  9 

Every  prisoner  of  war  is  bound 
to  give,  if  he  is  questioned  on  the 
subject,  his  true  name  and  rank, 
and  if  he  infringes  this  rule,  he  is 
liable  to  have  the  advantages 
given  to  prisoners  of  his  class  cur- 
tailed. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


HI 


1899 
Article  10 

Prisoners  of  war  may  be  set  at 
liberty  on  parole  if  the  laws  of 
their  country  authorize  it,  and,  in 
such  a  case,  they  are  bound,  on 
their  personal  honor,  scrupulous- 
ly to  fulfil,  both  as  regards  their 
own  Government  and  the  Govern- 
ment by  whom  they  were  made 
prisoners,  the  engagements  they 
have  contracted. 

In  such  cases,  their  own  Gov- 
ernment shall  not  require  of  nor 
accept  from  them  any  service  in- 
compatible with  the  parole  given. 


1907 

Article  10 

Prisoners  of  war  may  be  set  at   Parole  to  be 

observed. 

liberty  on  parole  if  the  laws  of 
their  country  allow,  and,  in  such 
cases,  they  are  bound,  on  their 
personal  honor,  scrupulously  to 
fulfil,  both  towards  their  own 
Government  and  the  Govern- 
ment by  whom  they  were  made 
prisoners,  the  engagements  they 
have  contracted. 

In  such  cases  their  own  Gov-  Recognition  of. 
ernment  is  bound  neither  to  re- 
quire of  nor  accept  from  them  any 
service     incompatible     with     the 
parole  given. 


Article  11 


Article  11 


A  prisoner  of  war  can  not  be         A  prisoner  of  war  can  not  be   raroietobe 

'■  _  _  voluntary. 

forced   to   accept   his   liberty   on  compelled    to    accept    his    liberty 

parole;  similarly  the  hostile  Gov-  on   parole;    similarly    the   hostile 

ernment  is  not  obliged  to  assent  Government  is  not  obliged  to  ac- 

to  the  prisoner's  request  to  be  set  cede  to  the  request  of  the  prisoner 

at  liberty  on  parole.  to  be  set  at  liberty  on  parole. 


Article  12 


Article  12 


Any  prisoner  of  war,  who  is  lib-         Prisoners  of  war  liberated  on   Forfeitura 

•^    ^  '  of  parole. 

erated  on  parole  and  recaptured,  parole    and    recaptured    bearing 

bearing  arms  against  the  Govern-  arms  against  the  Government  to 

ment  to  whom  he  had  pledged  his  whom    they    had    pledged    their 

honor,  or  against  the  allies  of  that  honor,    or    against   the    allies    of 

Government,  forfeits  his  right  to  that    Government,     forfeit    their 

be  treated  as  a  prisoner  of  war,  right  to  be  treated  as  prisoners  of 

and   can   be  brought   before   the  war,  and  can  be  brought  before 

courts.  the  courts. 


112 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Treatment 
of  captured 
reporters, 
sutlers,  etc. 


1899 
Article  13 

Individuals  who  follow  an  army 
without  directly  belonging  to  it, 
such  as  newspaper  correspondents 
and  reporters,  sutlers,  contractors, 
who  fall  into  the  enemy's  hands, 
and  whom  the  latter  think  fit  to 
detain,  have  a  right  to  be  treated 
as  prisoners  of  war,  provided  they 
can  produce  a  certificate  from  the 
military  authorities  of  the  army 
they  were  accompanying. 


1907 
Article  13 

Individuals  who  follow  an  army 
without  directly  belonging  to  it, 
such  as  newspaper  correspondents 
and  reporters,  sutlers  and  con- 
tractors, who  fall  into  the  enemy's 
hands  and  whom  the  latter  thinks 
expedient  to  detain,  are  entitled 
to  be  treated  as  prisoners  of  war, 
provided  they  are  in  possession  of 
a  certificate  from  the  military 
authorities  of  the  army  which 
they  were  accompanying. 


Bureau  of  in- 
formation to 
be  established. 


Functions. 


Article  14 

A  bureau  for  information  rela- 
tive to  prisoners  of  war  is  insti- 
tuted, on  the  commencement  of 
hostilities,  in  each  of  the  belliger- 
ent States,  and,  when  necessary,  in 
the  neutral  countries  on  whose  ter- 
ritory belligerents  have  been  re- 
ceived. This  bureau  is  intended  to 
answer  all  inquiries  about  pris- 
oners of  war,  and  is  furnished  by 
the  various  services  concerned 
with  all  the  necessary  information 
to  enable  it  to  keep  an  individual 
return  for  each  prisoner  of  war. 
It  is  kept  informed  of  internments 
and  changes,  as  well  as  of  admis- 
sions into  hospital  and  deaths. 


Article  14 

An  inquiry  office  for  prisoners 
of  war  is  instituted  on  the  com- 
mencement of  hostilities  in  each 
of  the  belligerent  States,  and, 
when  necessary,  in  neutral  coun- 
tries which  have  received  bellig- 
erents in  their  territory.  It  is  the 
function  of  this  office  to  reply  to 
all  inquiries  about  the  prisoners. 
It  receives  from  the  various  serv- 
ices concerned  full  information 
respecting  internments  and  trans- 
fers, releases  on  parole,  exchanges, 
escapes,  admissions  into  hospital, 
deaths,  as  well  as  other  informa- 
tion necessary  to  enable  it  to 
make  out  and  keep  up  to  date  an 
individual  return  for  each  pris- 
oner of  war.  The  office  must  state 
in  this  return  the  regimental  num- 
ber, name  and  surname,  age,  place 
of  origin,  rank,  unit,  wounds,  date 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


113 


1899 


It  is  also  the  duty  of  the  infor- 
mation bureau  to  receive  and  col- 
lect all  objects  of  personal  use, 
valuables,  letters,  etc.,  found  on 
the  battlefields  or  left  by  prisoners 
who  have  died  in  hospital  or  am- 
bulance, and  to  transmit  them  to 
those  interested. 


1907 

and  place  of  capture,  internment, 
wounding,  and  death,  as  well  as 
any  observations  of  a  special  char- 
acter. The  individual  return  shall 
he  sent  to  the  Government  of  the 
other  belligerent  after  the  con- 
clusion of  peace. 

It  is  likewise  the  function  of  the  ^if^^l'^fly' 
inquiry  office  to  receive  and  col- 
lect all  objects  of  personal  use, 
valuables,  letters,  etc.,  found  on 
the  field  of  battle  or  left  by  pris- 
oners who  have  been  released  on 
parole,  or  exchanged,  or  who 
have  escaped,  or  died  in  hospitals 
or  ambulances,  and  to  forward 
them  to  those  concerned. 


Article  15 

Relief  societies  for  prisoners  of 
war,  which  are  regularly  consti- 
tuted in  accordance  with  the  law 
of  the  country  with  the  object  of 
serving  as  the  intermediary  for 
charity,  shall  receive  from  the  bel- 
ligerents for  themselves  and  their 
duly  accredited  agents  every  facil- 
ity, within  the  bounds  of  military 
requirements  and  administrative 
regulations,  for  the  effective  ac- 
complishment of  their  humane 
task.  Delegates  of  these  societies 
may  be  admitted  to  the  places  of 
internment  for  the  distribution  of 
relief,  as  also  to  the  halting  places 
of  repatriated  prisoners,  if  fur- 
nished with  a  personal  permit  by 
the   military    authorities,    and    on 


Article  15 
Relief  societies  for  prisoners  of   Recognition  of 

^  ^      relief  societies. 

war,  which  are  properly  consti- 
tuted in  accordance  with  the  laws 
of  their  country  and  with  the  ob- 
ject of  serving  as  the  channel  for 
charitable  effort  shall  receive  from 
the  belligerents,  for  themselves 
and  their  duly  accredited  agents 
every  facility  for  the  efficient  per- 
formance of  their  humane  task 
within  the  bounds  imposed  by 
military  necessities  and  adminis- 
trative regulations.  Agents  of  Agents, 
these  societies  may  be  admitted  to 
the  places  of  internment  for  the 
purpose  of  distributing  relief,  as 
also  to  the  halting  places  of  repa- 
triated prisoners,  if  furnished  with 
a  personal  permit  by  the  military 


114 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899  1907 

giving  an  engagement  in  writing  authorities,  and  on  giving  an  un- 
to comply  with  all  their  regula-  dertaking  in  writing  to  comply 
tions  for  order  and  police.  with  all  measures  of  order  and 

police  which  the  latter  may  issue. 


Privileges 
allowed. 


Article  16 

The  information  bureau  shall 
have  the  privilege  of  free  postage. 
Letters,  money  orders,  and  valu- 
ables, as  well  as  postal  parcels  des- 
tined for  the  prisoners  of  war  or 
dispatched  by  them,  shall  be  free 
of  all  postal  duties  both  in  the 
countries  of  origin  and  destina- 
tion, as  well  as  in  those  they  pass 
through. 

Gifts  and  relief  in  kind  for  pris- 
oners of  war  shall  be  admitted  free 
of  all  duties  of  entry  and  others, 
as  well  as  of  payments  for  carriage 
by  the  Government  railways. 


Article  16 

Inquiry  offices  enjoy  the  privi- 
lege of  free  postage.  Letters, 
money  orders,  and  valuables,  as 
well  as  parcels  by  post,  intended 
for  prisoners  of  war,  or  dispatched 
by  them,  shall  be  exempt  from  all 
postal  duties  in  the  countries  of 
origin  and  destination,  as  well  as 
in  the  countries  they  pass  through. 

Presents  and  relief  in  kind  for 
prisoners  of  war  shall  be  admitted 
free  of  all  import  or  other  duties, 
as  well  as  of  payments  for  carriage 
by  the  State  railways. 


Pay  to  officers 
taken  prisoners. 


Article  17 


Article  17 


Officers  taken  prisoners  may  re-  Officers  taken  prisoners  shall  re- 
ceive, if  necessary,  the  full  pay  ceive  the  same  rate  of  pay  as 
allowed  them  in  this  position  by  officers  of  corresponding  rank  in 
their  country's  regulations,  the  the  country  where  they  are  de- 
amount  to  be  repaid  by  their  Gov-  tained,  the  amount  to  be  ultimate- 
ernment.  ly  refunded  by  their  own  Govern- 
ment. 


Article  18 


Article  18 


Religious  liberty.  Prisoners  of  war  shall  enjoy  Prisoners  of  war  shall  enjoy 
every  latitude  in  the  exercise  of  complete  liberty  in  the  exercise  of 
their  religion,  including  attend-  their  religion,  including  attend- 
ance at  their  own  church  services,  ance  at  the  services  of  whatever 
provided  only  they  comply  with  church   they   may  belong  to,   on 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


115 


1899 

the  regulations  for  order  and  po- 
lice issued  by  the  military  authori- 
ties. 


1907 

the  sole  condition  that  they  com- 
ply with  the  measures  of  order 
and  police  issued  by  the  military 
authorities. 


Article  19 

The  wills  of  prisoners  of  war 
are  received  or  drawn  up  on  the 
same  conditions  as  for  soldiers  of 
the  national  army. 

The  same  rules  shall  be  ob- 
served regarding  death  certificates, 
as  well  as  for  the  burial  of  pris- 
oners of  war,  due  regard  being 
paid  to  their  grade  and  rank. 

Article  20 


Article  19 


Wills. 


The  wills  of  prisoners  of  war 
are  received  or  drawn  up  in  the 
same  way  as  for  soldiers  of  the 
national  army. 

The    same    rules    shall   be   ob-  Burials,  etc. 
served  regarding  death  certificates 
as  well  as  for  the  burial  of  pris- 
oners of  war,  due  regard  being 
paid  to  their  grade  and  rank. 

Article  20 


After  the  conclusion  of  peace,  After  the  conclusion  of  peace,   Repatriation. 

the   repatriation   of   prisoners   of  the   repatriation   of   prisoners   of 

war  shall  take  place  as  speedily  as  war  shall  be  carried  out  as  quickly 

possible.  as  possible. 

Chapter  III. — On  the  Sick  and     Chapter     III. — The     Sick     and  Sick  and 

wounded. 


Wounded 


Wounded 
Article  21 


Article  21 

The  obligations  of  belligerents         The  obligations  of  belligerents  convention 
with    regard    to    the    sick    and     with    regard    to    the    sick    and  *"  govern, 
wounded    are    governed    by    the     wounded    are    governed    by    the 
Geneva    Convention    of   the    22d     Geneva  Convention. 
August,  1864,  subject  to  any  mod- 
ifications which  may  be  introduced 
into  it. 


116 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Hostilities. 


Means  of 
injuring  enemy, 
sieges,  and 
bombardments. 


Restription. 


1899 

Section   II. — On   Hostilities 


1907 

Section  II. — Hostilities 


Chapter  I. — On  Means  of  Injur-  Chapter  I. — Means  of  Injuring 
ing  the  Enemy,  Sieges,  and  the  Enemy,  Sieges,  and  Bom- 
Bombardments  bardments 


Article  22 

The  right  of  belligerents  to 
adopt  means  of  injuring  the 
enemy  is  not  unlimited. 


Article  22 

The  right  of  belligerents  to 
adopt  means  of  injuring  the 
enemy  is  not  unlimited. 


Special 
prohibitions. 


Poison. 


Treachery. 


Killing  those 
who  have 
surrendered. 


Quarter. 


Weapons  causing 

unnecessary 

suffering. 


Abuse  of  flags 
and  uniform. 


Unnecessary 
destruction 
or  seizure 
of  property. 


Article  23 

Besides  the  prohibitions  pro- 
vided by  special  Conventions,  it  is 
especially  prohibited — 

(a.)  To  employ  poison  or  pois- 
oned arms ; 

(b.)  To  kill  or  wound  treach- 
erously individuals  belonging  to 
the  hostile  nation  or  army; 

(c.)  To  kill  or  wound  an  enemy 
who,  having  laid  down  arms,  or 
having  no  longer  means  of  de- 
fence, has  surrendered  at  discre- 
tion; 

(d.)  To  declare  that  no  quarter 
will  be  given ; 

(e.)  To  employ  arms,  projec- 
tiles, or  material  of  a  nature  to 
cause  superfluous  injury ; 

(/.)  To  make  improper  use  of  a 
flag  of  truce,  the  national  flag  or 
military  ensigns  and  uniform  of 
the  enemy,  as  well  as  the  dis- 
tinctive badges  of  the  Geneva 
Convention ; 

(g.)  To  destroy  or  seize  the 
enemy's  property,  unless  such  de- 


Article  23 

In  addition  to  the  prohibitions 
provided  by  special  Conventions, 
it  is  especially  forbidden — 

(a.)  To  employ  poison  or  pois- 
oned weapons ; 

(b.)  To  kill  or  wound  treach- 
erously individuals  belonging  to 
the  hostile  nation  or  army; 

(c.)  To  kill  or  wound  an  enemy 
who,  having  laid  down  his  arms, 
or  having  no  longer  means  of  de- 
fence, has  surrendered  at  discre- 
tion; 

(d.)  To  declare  that  no  quarter 
will  be  given ; 

(e.)  To  employ  arms,  projec- 
tiles, or  material  calculated  to 
cause  unnecessary  suffering; 

(/.)  To  make  improper  use  of 
a  flag  of  truce,  of  the  national  flag 
or  of  the  military  insignia  and  uni- 
form of  the  enemy,  as  well  as  the 
distinctive  badges  of  the  Geneva 
Convention ; 

(g.)  To  destroy  or  seize  the 
enemy's  propert}--,  unless  such  de- 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


117 


1899  1907 

struction  or  seizure  be  impera-  struction  or  seizure  be  imperative- 
tively  demanded  by  the  necessities  ly  demanded  by  the  necessities  of 
of  war.  war ; 

(h.)  To  declare  abolished,  sus- 
pended, or  inadmissible  in  a  court 
of  law  the  rights  and  actions  of 
the  nationals  of  the  hostile  party. 
A  belligerent  is  likewise  for- 
bidden to  compel  the  nationals  of 
the  hostile  party  to  take  part  in 
the  operations  of  war  directed 
against  their  own  country,  even  if 
they  were  in  the  belligerent's 
service  before  the  commencement 
of  the  war. 


Rights  and 
actions. 


Forced  service 
against  one's 
own  country. 


Article  24 

Ruses  of  war  and  the  employ- 
ment of  methods  necessary  to  ob- 
tain information  about  the  enemy 
and  the  country,  are  considered 
allowable. 


Article  24 


Obtaining 
information 


Ruses  of  war  and  the  employ 
ment  of  measures  necessary  for  permitted 
obtaining   information   about   the 
enemy  and  the  country  are  con- 
sidered permissible. 


Article  25 


Article  25 


The  attack  or  bombardment  of  The    attack    or    bombardment,   undefended 

towns,     villages,     habitations     or     by  whatever  means,  of  towns,  vil-  *°WS'  «"=• 
buildings  which  are  not  defended,     lages,     dwellings,     or     buildings 
is  prohibited.  which    are    undefended    is    pro- 

hibited. 


Article  26 


Article  26 


The  commander  of  an  attacking  The  officer  in  command  of  an 

force,  before  commencing  a  bom-  attacking  force  must,  before  com- 

bardment,  except  in  the  case  of  an  mencing  a  bombardment,  except 

assault,  should  do  all  he  can  to  in  cases  of  assault,  do  all  in  his 

warn  the  authorities.  power  to  warn  the  authorities. 


Warning  of 
bombardments. 


118 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Buildings,  etc., 
to  be  spared. 


Notification  of. 


1899 
Article  27 

In  sieges  and  bombardments  all 
necessary  steps  should  be  taken  to 
spare  as  far  as  possible  edifices 
devoted  to  religion,  art,  science, 
and  charity,  hospitals,  and  places 
where  the  sick  and  wounded  are 
collected,  provided  they  are  not 
used  at  the  same  time  for  military 
purposes. 

The  besieged  should  indicate 
these  buildings  or  places  by  some 
particular  and  visible  signs,  which 
should  previously  be  notified  to 
the  assailants. 


1907 

Article  27 

In  sieges  and  bombardments 
all  necessary  steps  must  be  taken 
to  spare,  as  far  as  possible,  build- 
ings dedicated  to  religion,  art, 
science,  or  charitable  purposes, 
historic  monuments,  hospitals, 
and  places  where  the  sick  and 
wounded  are  collected,  provided 
they  are  not  being  used  at  the 
time  for  military  purposes. 

It  is  the  duty  of  the  besieged  to 
indicate  the  presence  of  such 
buildings  or  places  by  distinctive 
and  visible  signs,  which  shall  be 
notified  to  the  enemy  beforehand. 


Article  28 


Article  28 


Pillage 
prohibited. 


Spies. 


Definitions. 


The  pillage  of  a  town  or  place.  The  pillage  of  a  town  or  place, 
even  when  taken  by  assault,  is  even  when  taken  by  assault,  is 
prohibited.  prohibited. 


Chapter  II. — On  Spies 
Article  29 

An  individual  can  only  be  con- 
sidered a  spy  if,  acting  clandes- 
tinely, or  on  false  pretences,  he 
obtains,  or  seeks  to  obtain  infor- 
mation in  the  zone  of  operations 
of  a  belligerent,  with  the  intention 
of  communicating  it  to  the  hostile 
party. 

Thus,  soldiers  not  in  disguise 
who  have  penetrated  into  the  zone 
of  operations  of  a  hostile  army 
to  obtain  information  are  not  con- 


Chapter  II. — Spies 
Article  29 

A  person  can  only  be  considered 
a  spy  when,  acting  clandestinely 
or  on  false  pretences,  he  obtains 
or  endeavors  to  obtain  informa- 
tion in  the  zone  of  operations  of  a 
belligerent,  with  the  intention  of 
communicating  it  to  the  hostile 
party. 

Thus,  soldiers  not  wearing  a 
disguise  who  have  penetrated  into 
the  zone  of  operations  of  the  hos- 
tile army,  for  the  purpose  of  ob- 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


119 


1899 

sidered  spies.  Similarly,  the  fol- 
lowing are  not  considered  spies: 
soldiers  or  civilians,  carrying  out 
their  mission  openly,  charged  with 
the  delivery  of  despatches  destined 
either  for  their  own  army  or  for 
that  of  the  enemy.  To  this  class 
belong  likewise  individuals  sent  in 
balloons  to  deliver  despatches,  and 
generally  to  maintain  communica- 
tion between  the  various  parts  of 
an  army  or  a  territory. 


1907 
taining  information,  are  not  con- 
sidered spies.  Similarly,  the  fol- 
lowing are  not  considered  spies: 
Soldiers  and  civilians,  carrying 
out  their  mission  openly,  in- 
trusted with  the  delivery  of  des- 
patches intended  either  for  their 
own  army  or  for  the  enemy's 
army.  To  this  class  belong  like- 
wise persons  sent  in  balloons  for 
the  purpose  of  carrying  des- 
patches and,  generally,  of  main- 
taining communications  between 
the  different  parts  of  an  army  or 
a  territory. 


Article  30 


Article  30 


A  spy  taken  in  the  act  can  not         A  spy  taken  in  the  act  shall  not  Trial  required. 
be  punished  without  previous  trial,     be  punished  without  previous  trial. 


Article  31 


Article  31 


A  spy  who,  after  rejoining  the  A  spy  who,  after  rejoining  the  f^^'tul-e"^'^* 
army  to  which  he  belongs,  is  sub-  army  to  which  he  belongs,  is  sub- 
sequently captured  by  the  enemy,  sequently  captured  by  the  enemy, 
is  treated  as  a  prisoner  of  war,  and  is  treated  as  a  prisoner  of  war, 
incurs  no  responsibility  for  his  and  incurs  no  responsibility  for 
previous  acts  of  espionage.  his  previous  acts  of  espionage. 


Chapter  III. — On  Flags  of 
Truce 

Article  32 


Chapter  III,— Flags  of  Truce     F'^gs  of  truce. 


Article  32 


An  individual  is  considered  as  A  person  is  regarded  as  a  parle- 
a  parlementaire  who  is  authorized  mentaire  who  has  been  author- 
by  one  of  the  belligerents  to  en-  ized  by  one  of  the  belligerents  to 
ter  into  communication  with  the  enter  into  communication  with  the 
other,   and  who   carries   a   white  other,  and  who  advances  bearing 


Inviolability 
of  bearers. 


120 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 

flag.  He  has  a  right  to  inviola- 
bility, as  well  as  the  trumpeter, 
bugler,  or  drummer,  the  flag- 
bearer,  and  the  interpreter  who 
may  accompany  him. 


1907 

a  white  flag.  He  has  a  right  to 
inviolability,  as  well  as  the  trum- 
peter ,  bugler  or  drummer,  the 
flag-bearer  and  interpreter  who 
may  accompany  him. 


Reception  not 
compulsory. 


Article  33 

The  chief  to  whom  a  parlemen- 
taire  is  sent  is  not  obliged  to  re- 
ceive him  in  all  circumstances. 

He  can  take  all  steps  necessary 
to  prevent  the  parlementaire  tak- 
ing advantage  of  his  mission  to 
obtain  information. 

In  case  of  abuse,  he  has  the 
right  to  detain  the  parlementaire 
temporarily. 


Article  33 

The  commander  to  whom  a  par- 
lementaire is  sent  is  not  in  all  cases 
obliged  to  receive  him. 

He  may  take  all  the  necessary 
steps  to  prevent  the  parlementaire 
taking  advantage  of  his  mission  to 
obtain  information. 

In  case  of  abuse,  he  has  the 
right  to  detain  the  parlementaire 
temporarily. 


Treason  of 
parlementaire. 


Article  34 

The  parlementaire  loses  his 
rights  of  inviolability  if  it  is 
proved  beyond  doubt  that  he  has 
taken  advantage  of  his  privileged 
position  to  provoke  or  commit  an 
act  of  treason. 


Article  34 

The  parlementaire  loses  his 
rights  of  inviolability  if  it  is 
proved  in  a  clear  and  incontesta- 
ble manner  that  he  has  taken  ad- 
vantage of  his  privileged  position 
to  provoke  or  commit  an  act  of 
treason. 


Capitulations. 


Military  honor 
to  be  observed. 


Chapter    IV. — On   Capitulations         Chapter   IV. — Capitulations 
Article  35  Article  35 


Capitulations  agreed  on  be- 
tween the  contracting  Parties 
must  be  in  accordance  with  the 
rules  of  military  honor. 

When  once  settled,  they  must 


Capitulations  agreed  upon  be- 
tween the  contracting  Parties 
must  take  into  account  the  rules 
of  military  honor. 

Once    settled,    they    must    be 


be  scrupulously  observed  by  both      scrupulously    observed    by    both 
the  parties.  parties. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


121 


1899 

Chapter  V. — On  Armistices 

Article  36 

An  armistice  suspends  military 
operations  by  mutual  agreement 
between  the  belligerent  parties. 
If  its  duration  is  not  fixed,  the 
belligerent  parties  can  resume 
operations  at  any  time,  provided 
always  the  enemy  is  warned  with- 
in the  time  agreed  upon,  in  ac- 
cordance with  the  terms  of  the 
armistice. 


1907 

Chapter   V. — Armistices  Armistices. 

Article  36 

An  armistice  suspends  military  Effect, 
operations  by  mutual  agreement 
between  the  belligerent  parties. 
If  its  duration  is  not  defined,  the 
belligerent  parties  may  resume 
operations  at  any  time,  provided 
always  that  the  enemy  is  warned 
within  the  time  agreed  upon,  in 
accordance  with  the  terms  of  the 
armistice. 


Article  37 

An  armistice  may  be  general  or 
local.  The  first  suspends  all  mili- 
tary operations  of  the  belligerent 
States;  the  second,  only  those 
between  certain  fractions  of  the 
belligerent  armies  and  in  a  fixed 
radius. 


Article  2)7 

An  armistice  may  be  general  or  General. 
local.  The  first  suspends  the 
military  operations  of  the  bellig- 
erent States  everywhere;  the  sec-  ^°*=^'- 
ond  only  between  certain  frac- 
tions of  the  belligerent  armies  and 
within  a  fixed  radius. 


Article  38 

An  armistice  must  be  notified 
officially,  and  in  good  time,  to  the 
competent  authorities  and  the 
troops.  Hostilities  are  suspended 
immediately  after  the  notification, 
or  at  a  fixed  date. 

Article  39 


Article  38 

An  armistice  must  be  notified  Notification. 
officially  and  in  good  time  to  the 
competent  authorities  and  to  the 
troops.     Hostilities  are  suspended  ff'hostiHt'ks 
immediately    after    the    notifica- 
tion, or  on  the  date  fixed. 

Article  39 


It  is  for  the  contracting  Parties  It   rests    with   the   contracting   a]°^^"^^th'°" 

to  settle,  in  the  terms  of  the  ar-  Parties  to  settle,  in  the  terms  of  inhabitants. 

mistice,  what  communications  may  the   armistice,    what   communica- 

be  held,  on  the  theatre  of  war,  tions  may  be  held  in  the  theatre 


122 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 

with  the  population  and  with  each 
other. 


1907 

of  war  with  the  inhabitants  and 
between  the  inhabitants  of  one 
belligerent  State  and  those  of  the 
other. 


Effect  of 
violation 
by  Powers. 


Article  40 


Article  40 


Any  serious  violation  of  the  ar-  Any    serious    violation    of    the 

mistice  by  one  of  the  parties  gives  armistice   by    one   of   the  parties 

the  other  party  the  right  to  de-  gives  the  other  party  the  right  of 

nounce  it,  and  even,   in  case  of  denouncing  it,  and  even,  in  cases 

urgency,   to    recommence   hostili-  of  urgency,  of  recommencing  hos- 

ties  at  once.  tilities  immediately. 


Violation  by 
private  persons. 


Military 
authority 
over  captured 
territory. 


Actual 
occupation. 


Extent. 


Article  41 

A  violation  of  the  terms  of  the 
armistice  by  private  individuals 
acting  on  their  own  initiative,  only 
confers  the  right  of  demanding 
the  punishment  of  the  offenders, 
and,  if  necessary,  indemnity  for 
the  losses  sustained. 

Section  III. — On  Military  Au- 
thority OVER  Hostile  Terri- 
tory 

Article  42 

Territory  is  considered  occupied 
when  it  is  actually  placed  under 
the  authority  of  the  hostile  army. 

The  occupation  applies  only  to 
the  territory  where  such  authority 
is  established,  and  in  a  position  to 
assert  itself. 


Aeticle  41 

A  violation  of  the  terms  of  the 
armistice  by  private  persons  act- 
ing on  their  own  initiative  only 
entitles  the  injured  party  to  de- 
mand the  punishment  of  the 
offenders  or,  if  necessary,  com- 
pensation for  the  losses  sustained. 

Section  III. — Military  Au- 
thority OVER  THE  Territory 
OF  the  Hostile  State 

Article  42 

Territory  is  considered  occupied 
when  it  is  actually  placed  under 
the  authority  of  the  hostile  army. 

The  occupation  extends  only  to 
the  territory  where  such  authority 
has  been  established  and  can  be 
exercised. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


123 


1899 

Article  43 

The  authority  of  the  legitimate 
power  having  actually  passed  into 
the  hands  of  the  occupant,  the  lat- 
ter shall  take  all  steps  in  his  power 
to  re-establish  and  insure,  as  far 
as  possible,  public  order  and  safe- 
ty, while  respecting,  unless  abso- 
lutely prevented,  the  laws  in  force 
in  the  country. 


1907 

Article  43 

The  authority  of  the  legitimate  ^p^^ll^^°° 
power  having  in  fact  passed  into  and  safety, 
the  hands  of  the  occupant,  the 
latter  shall  take  all  the  measures 
in  his  power  to  restore,  and  en- 
sure, as  far  as  possible,  public  or- 
der and  safety,  while  respecting, 
unless  absolutely  prevented,  the 
laws  in  force  in  the  country. 


Article  44 


Article  44^ 


Any  compulsion  of  the  popula-         A   belligerent   is    forbidden   to  ^at?on^f[om*^" 
tion  of  occupied  territory  to  take      force  the  inhabitants  of  territory  'f^^^j^gn*^ 
part  in  military  operations  against     occupied  by  it  to  furnish  informa- 
its  own  country  is  prohibited.  tion  about  the  army  of  the  other 

belligerent^  or  about  its  means  of 
defense. 


Article  45 


Article  45 


Any  pressure  on  the  population  It  is  forbidden  to  compel  the  in-  ^f'^JJe'^lnce*'^ 

of  occupied  territory  to  take  the  habitants  of  occupied  territory  to  forbidden. 

oath  to  the  hostile  Power  is  pro-  swear    allegiance    to    the    hostile 

hibited.  Power. 


Article  46 


Article  46 


Family  honors  and  rights,  in-         Family   honor   and   rights,   the  Rights  and 

dividual  lives  and  private  proper-  lives  of  persons,  and  private  prop-  be  respected, 

ty,  as  well  as  religious  convictions  erty,  as  well  as  religious  convic- 

and  liberty,  must  be  respected.  tions   and   practice,  must  be   re- 
spected. 

Private  property  can  not  be  con-  Private  property  can  not  be  con-  No  confiscation. 

fiscated.  fiscated. 


Article  47 
Pillage  is  formally  prohibited. 


Article  47 
Pillage  is  formally  forbidden. 


iSee  the  reservations  of  various  Powers,  i>ost,  pp.  131,  132. 


Pillage 
forbidden. 


124 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Collection 
of  taxes. 


1899 
Article  48 

If,  in  the  territory  occupied,  the 
occupant  collects  the  taxes,  dues, 
and  tolls  imposed  for  the  benefit 
of  the  State,  he  shall  do  it,  as  far 
as  possible,  in  accordance  with  the 
rules  in  existence  and  the  assess- 
ment in  force,  and  will  in  conse- 
quence be  bound  to  defray  the 
expenses  of  the  administration  of 
the  occupied  territory  on  the  same 
scale  as  that  by  which  the  legiti- 
mate Government  was  bound. 


1907 

Article  48 

If,  in  the  territory  occupied,  the 
occupant  collects  the  taxes,  dues, 
and  tolls  imposed  for  the  benefit 
of  the  State,  he  shall  do  so,  as 
far  as  is  possible,  in  accordance 
with  the  rules  of  assessment  and 
incidence  in  force,  and  shall  in 
consequence  be  bound  to  defray 
the  expenses  of  the  administration 
of  the  occupied  territory  to  the 
same  extent  as  the  legitimate 
Government  was  so  bound. 


Levies  for 
military  needs 


General  penalty 
for  acts  of 
individuals 
forbidden. 


Collection  of 
contributions. 


Article  49 

If,  besides  the  taxes  mentioned 
in  the  preceding  article,  the  occu- 
pant levies  other  money  taxes  in 
the  occupied  territory,  this  can 
only  be  for  military  necessities 
or  the  administration  of  such 
territory. 

Article  50 

No  general  penalty,  pecuniary 
or  otherwise,  can  be  inflicted  on 
the  population  on  account  of  the 
acts  of  individuals  for  which  it 
can  not  be  regarded  as  collectively 
responsible. 

Article  51 

No  tax  shall  be  collected  except 
under  a  written  order  and  on  the 
responsibility  of  a  commander-in- 
chief. 


Article  49 

If,  in  addition  to  the  taxes  men- 
tioned in  the  above  article,  the 
occupant  levies  other  money  con- 
tributions in  the  occupied  terri- 
tory, this  shall  only  be  for  the 
needs  of  the  army  or  of  the  ad- 
ministration of  the  territory  in 
question. 

Article  50 

No  general  penalty,  pecuniary 
or  otherwise,  shall  be  inflicted 
upon  the  population  on  account  of 
the  acts  of  individuals  for  which 
they  can  not  be  regarded  as  joint- 
ly and  severally  responsible. 

Article  51 

No  contribution  shall  be  col- 
lected except  under  a  written 
order,  and  on  the  responsibility 
of  a  commander-in-chief. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


125 


1899 

This  collection  shall  only  take 
place,  as  far  as  possible,  in  accord- 
ance with  the  rules  in  existence 
and  the  assessment  of  taxes  in 
force. 

For  every  payment  a  receipt 
shall  be  given  to  the  taxpayer. 


1907 

The  collection  of  the  said  con- 
tribution shall  only  be  effected  as 
far  as  possible  in  accordance  with 
the  rules  of  assessment  and  inci- 
dence of  the  taxes  in  force. 

For  every  contribution  a  re- 
ceipt shall  be  given  to  the  con- 
tributors. 


Receipts. 


Article  52 

Neither  requisitions  in  kind  nor 
services  can  be  demanded  from 
communes  or  inhabitants  except 
for  the  necessities  of  the  army  of 
occupation.  They  must  be  in  pro- 
portion to  the  resources  of  the 
country,  and  of  such  a  nature  as 
not  to  involve  the  population  in 
the  obligation  of  taking  part  in 
military  operations  against  their 
country. 

These  requisitions  and  services 
shall  only  be  demanded  on  the  au- 
thority of  the  commander  in  the 
locality  occupied. 

The  contributions  in  kind  shall, 
as  far  as  possible,  be  paid  for  in 
ready  money ;  if  not,  their  receipt 
shall  be  acknowledged. 


Article  52 
Requisitions  in  kind  and  serv-  Requisitions  for 

^  needs  of  army. 

ices  shall  not  be  demanded  from 
municipalities  or  -inhabitants  ex- 
cept for  the  needs  of  the  army  of 
occupation.  They  shall  be  in 
proportion  to  the  resources  of  the 
country,  and  of  such  a  nature  as 
not  to  involve  the  inhabitants  in 
the  obligation  of  taking  part  in 
military  operations  against  their 
own  country. 

Such  requisitions  and  services  Authority, 
shall   only   be   demanded   on   the 
authority   of   the   commander   in 
the  locality  occupied. 

Contributions  in  kind  shall  as  Payment 
far  as  possible  be  paid  for  in  cash ; 
if  not,  a  receipt  shall  be  given  and 
the  payment  of  the  amount  due 
shall  he  made  as  soon  as  possible. 


Article  53 

An  army  of  occupation  can  only 
take  possession  of  the  cash,  funds, 
and  property  liable  to  requisition 
belonging  strictly  to  the  State, 
depots  of  arms,  means  of  trans- 


Article  53 
An  army  of  occupation  can  only   Seizure  of 

-^  ^  -'     pubhc  cash, 

take   possession    of    cash,    funds,  property,  etc. 
and  realizable  securities  which  are 
strictly  the  property  of  the  State, 
depots  of  arms,  means  of  trans- 


126 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Telegraphs, 

transportation, 

etc. 


1899 

port,  stores  and  supplies,  and, 
generally,  all  movable  property  of 
the  State  which  may  be  used  for 
military  operations. 

Railway  plant,  land  telegraphs, 
telephones,  steamers  and  other 
ships,  apart  from  cases  governed 
by  maritime  law,  as  well  as  depots 
of  arms  and,  generally,  all  kinds 
of  munitions  of  war,  even  though 
belonging  to  companies  or  to  pri- 
vate persons,  are  likewise  material 
which  may  serve  for  military  op- 
erations, but  they  must  be  restored 
at  the  conclusion  of  peace,  and 
indemnities  paid  for  them. 


1907 

port,  stores  and  supplies,  and,  gen- 
erally, all  movable  property  be- 
longing to  the  State  which  may  be 
used  for  military  operations. 

All  appliances,  whether  on  land, 
at  sea,  or  in  the  air,  adapted  for 
the  transmission  of  news,  or  for 
the  transport  of  persons  or  things, 
exclusive  of  cases  governed  by 
naval  law,  depots  of  arms,  and, 
generally,  all  kinds  of  munitions 
of  war,  may  be  seised,  even  if  they 
belong  to  private  individuals,  but 
must  be  restored  and  compensa- 
tion fixed  when  peace  is  made. 


Submarine 
cables  to 


Article  54  .             Article  54 

/                            .                   .  / 

/  The  plant  of  railways  coming  Submarine     cables     connecting 

neutral  territory,   from  ncutral  States,  whether  the  an  occupied  territory  with  a  neu- 

property  of  those   States,   or  of  tral  territory  shall  not  be  seised 

companies,  or  of  private  persons,  or  destroyed  except  in  the  case  of 

shall  be  sent  back  to  them  as  soon  absolute    necessity.      They    must 

as  possible.  likewise  be  restored  and  compen- 
sation -fixed  when  peace  is  made. 


Administration 
of  public  prop- 
erty in  occu- 
pied territory. 


Article  55 

The  occupying  State  shall  only 
be  regarded  as  administrator  and 
usufructuary  of  the  public  build- 
ings, real  property,  forests  and 
agricultural  works  belonging  to 
the  hostile  State,  and  situated  in 
the  occupied  country.  It  must 
protect  the  capital  of  these  prop- 
erties, and  administer  it  accord- 
ing to  the  rules  of  usufruct. 


Article  55 

The  occupying  State  shall  be 
regarded  only  as  administrator 
and  usufructuary  of  public  build- 
ings, real  estate,  forests,  and  ag- 
ricultural estates  belonging  to  the 
hostile  State,  and  situated  in  the 
occupied  country.  It  must  safe- 
guard the  capital  of  these  prop- 
erties, and  administer  them  in 
accordance  with  the  rules  of 
usufruct. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


127 


1899 

Article  56 

The  property  of  the  communes, 
that  of  religious,  charitable,  and 
educational  institutions,  and  those 
of  arts  and  science,  even  when 
State  property,  shall  be  treated  as 
private  property. 

All  seizure  of,  and  destruction, 
or  intentional  damage  done  to 
such  institutions,  to  historical 
monuments,  works  of  art  or 
science,  is  prohibited,  and  should 
be  made  the  subject  of  pro- 
ceedings. 


1907 

Article  56 

The  property  of  municipalities,  ^^i^s^^^^''^' 
that  of  institutions  dedicated  to  property. 
religion,    charity    and    education, 
the  arts  and  sciences,  even  when 
State  property,  shall  be  treated  as 
private  property. 

All  seizure  of,  destruction  or 
wilful  damage  done  to  institu- 
tions of  this  character,  historic 
monuments,  works  of  art  and 
science,  is  forbidden,  and  should 
be  made  the  subject  of  legal  pro- 
ceedings. 


Legal  proceed- 
ings for 
seizure,  etc. 


Section  IV. — On  the  Intern- 
ment OF  Belligerents  and 
the  Care  of  the  Wounded  in 
Neutral  Countries^ 

Article  57 

A  neutral  State  which  receives 
in  its  territory  troops  belonging 
to  the  belligerent  armies  shall 
intern  them,  as  far  as  possible,  at 
a  distance  from  the  theatre  of  war. 

It  can  keep  them  in  camps,  and 
even  confine  them  in  fortresses  or 
locations  assigned  for  this  pur- 
pose. 

It  shall  decide  whether  officers 
may  be  left  at  liberty  on  giving 
their   parole   that   they   will    not 


Internment  of 
belligerents,  and 
care  of  wounded 
in  neutral 
countries. 


Confinement  of 
belligerents  in 
neutral  territory. 


iln  1907  the  provisions  on  this  subject,  Articles  57,  58,  59  and  60,  were  trans- 
ferred to  the  Convention  (V)  respecting  the  rights  and  duties  of  neutral  Pow- 
ers and  persons  in  case  of  war  on  land  as  Articles  11,  12,  14  and  15  thereof  (post, 
p.  135).^^  No  change  was  made  in  their  text  except  the  substitution  of  the  word 
Power"  for  the  word  "State"  wherever  the  latter  appears  in  these  articles. 


128 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


1899 
leave  the  neutral  territory  without 
authorization. 


1907 


Food,  clothing, 
etc. 


Reimbursements. 


Transit  of 
wounded  or 
sick  through 
neutral  territory. 


Neutral  State 
must  furnish 
guard. 


Article  58 

Failing  a  special  convention,  the 
neutral  State  shall  supply  the  in- 
terned with  the  food,  clothing,  and 
relief  required  by  humanity. 

At  the  conclusion  of  peace,  the 
expenses  caused  by  the  intern- 
ment shall  be  made  good. 


/ 


Article  59 


A  neutral  State  may  authorize 
the  passage  over  its  territory 
of  wounded  or  sick  belonging  to 
the  belligerent  armies,  on  condi- 
tion that  the  trains  bringing  them 
shall  carry  neither  combatants  nor 
war  material.  In  such  a  case,  the 
neutral  State  is  bound  to  adopt 
such  measures  of  safety  and  con- 
trol as  may  be  necessary  for  the 
purpose. 

Wounded  and  sick  brought  un- 
der these  conditions  into  neutral 
territory  by  one  of  the  belliger- 
ents, and  belonging  to  the  hostile 
party,  must  be  guarded  by  the 
neutral  State,  so  as  to  insure  their 
not  taking  part  again  in  the  mili- 
tary operations.  The  same  duty 
shall  devolve  on  the  neutral  State 
with  regard  to  wounded  or  sick  of 
the  other  army  who  may  be  com- 
mitted to  its  care. 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


129 


1899 

Article  60 

The  Geneva  Convention  applies 
to  sick  and  wounded  interned  in 
neutral  territory. 


1907 


Geneva 

Convention 
applicable. 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on 
the  dates  indicated: 


Austria-Hungary    September  4 

Belgium    September  4 

Bulgaria    September  4 

Denmark    September  4 

France    September  4 

Germany   September  4 

Great  Britain    September  4 

Greece    April  4 

Italy    September  4 

Japan    October  6 

Luxemburg    July  12 

Mexico    April  17 

Montenegro    October  16 

Netherlands  September  4 

Norway July  5 

Persia   September  4 

Portugal    September  4 

Roumania    September  4 

Russia    September  4 

Servia   May  1 1 

Siam   September  4 

Spain    September  4 

Sweden    July  5 

Turkey  June  12 

United  States  April  9 


1900 
1900 
1900 
1900 
1900 
1900 
1900 
1901 
1900 
1900 
1901 
1901 
1900 
1900 
1907 
1900 
1900 
1900 
1900 
1901 
1900 
1900 
1907 
1907 
1902 


130 


CONVENTIONS  II  OF  1899  AND  IV  OF  1907 


Adhesions: 

Argentine  Republic   June  17 

Bolivia    February  7 

Brazil    February  25 

Chile   June  19 

China   June  12 

Colombia   January  30 

Cuba   April  17 

Dominican  Republic   April  13 

Ecuador    July  31 

Guatemala    May  2 

Haiti    May  24 

Honduras    August  21 

Korea   March  17 

Nicaragua May  17 

Panama July  20 

Paraguay    April  12 

Peru    November  24 

Salvador    June  20 

Switzerland    June  20 

Uruguay    June  21 

Venezuela March  1 


1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1907 
1906 
1907 
1906 
1903 
1907 
1907 
1907 
1903 
1902 
1907 
1906 
1907 


Reservations:  none. 


The   1907  Convention  was  ratified    by    the    following  signatory 
Powers  on  the  dates  indicated: 

Austria-Hungary   November  27,  1909 

Belgium   August  8,  1910 

Bolivia    November  27,  1909 

Brazil    January  5,  1914 

Cuba   February  22,  1912 

Denmark   November  27,  1909 

France    October  7,  1910 

Germany    November  27,  1909 

Great  Britain November  27,  1909 

Guatemala    March  15,  1911 

Haiti    February  2,  1910 


THE  LAWS  AND  CUSTOMS  OF  WAR  ON  LAND 


131 


Japan    December  13 

Luxemburg    September  5 

Mexico    November  27 

Netherlands    November  27 

Norway  September  19 

Panama  September  1 1 

Portugal  April  13 

Roumania   March  1 

Russia November  27 

Salvador  November  27 

Siam   March  12 

Sweden    November  27 

Switzerland    May  12 

United  States   November  27 

Adhesions: 

Liberia    February  4 

Nicaragua  December  16 


1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1909 
1910 
1909 

1914 
1909 


The   following   Powers   signed   the   Convention  but  have   not  yet 


ratified : 

Argentine  Republic 

Bulgaria 

Chile 

Colombia 

Dominican  Republic 

Ecuador 

Greece 

Italy 


Montenegro 

Paraguay 

Persia 

Peru 

Servia 

Turkey 

Uruguay 

Venezuela 


Reservations:'^ 

Austria-Hungary 

Under  reservation  of  the  declaration  made  in  the  plenary 

session  of  the  Conference  of  August  17,  1907.^ 

Extract  from  the  proces-verbal : 

The  delegation  of  Austria-Hungary  having  accepted  the  new 
Article  22a,^  on  condition  that  Article  44  of  the  Convention  now 
in  force  be  maintained  as  it  is,  can  not  consent  to  the  Article  44o, 
proposed  by  the  Second  Commission.'* 


^All  these  reservations  were  made  at  signature. 

^Reservation  maintained  at  ratification. 

^The  proposed  Article  22a  became  the  last  paragraph  of  Article  23. 

^Statement  of  Mr.  Merey  von  Kapos-Mere.    Actes  et  documents,  vol. 


p.  86. 


132  CONVENTIONS  II  OF  1899  AND  IV  OF  1907 

Germany 

Under  reservation  of  Article  44  of  the  annexed  Regulations.* 

Japan 

With  reservation  of  Article  44.* 

Montenegro 

Under  the  reservations  formulated  as  to  Article  44  of  the 
Regulations  annexed  to  the  present  Convention  and  contained 
in  the  minutes  of  the  fourth  plenary  session  of  August  17, 
1907. 

Extract  from  the  proces-verhal: 

The  delegation  of  Montenegro  has  the  honor  to  declare  that 
having  accepted  the  new  Article  22a,  proposed  by  the  delegation 
of  Germany,  in  the  place  of  Article  44  of  the  existing  Regulations 
of  1899,  it  makes  reservations  on  the  subject  of  the  new  wording 
of  the  said  Article  44a.2 

Russia 

Under  the  reservations  formulated  as  to  Article  44  of  the 
Regulations  annexed  to  the  present  Convention  and  contained 
in  the  minutes  of  the  fourth  plenary  session  of  August  17, 
1907.* 

Extract  from  the  proces-verhal: 

The  delegation  of  Russia  has  the  honor  to  declare  that  having 
accepted  the  new  Article  22a,  proposed  by  the  delegation  of 
Germany,  in  the  place  of  Article  44  of  the  existing  Regulations 
of  1899,  it  makes  reservations  on  the  subject  of  the  new  wording 
of  the  said  Article  AAa.^ 

Turkey 

Under  reservation  of  Article  3. 


^Reservation  maintained  at  ratification. 

^Statement  of  Mr.  Tcharykow.    Actes  et  documents,  vol.  i,  p.  86. 

^Statement  of  Mr.  Martens.     Ibid. 


CONVENTION  (V)  RESPECTING  THE  RIGHTS  AND  DUTIES  OF 
NEUTRAL  POWERS  AND  PERSONS  IN  CASE  OF  WAR 

ON  LAND 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 
With  a  view  to  laying  down  more  clearly  the  rights  and  duties  convention. 
of  neutral  Powers  in  case  of  war  on  land  and  regulating  the  position 
of  the  belligerents  who  have  taken  refuge  in  neutral  territory ; 

Being  likewise  desirous  of  defining  the  meaning  of  the  term  "neu- 
tral," pending  the  possibility  of  settling,  in  its  entirety,  the  position 
of  neutral  individuals  in  their  relations  with  the  belligerents ; 

Have  resolved  to  conclude  a  Convention  to  this  effect,  and  have,  Plenipotentiaries 
in  consequence,  appointed  the  following  as  their  plenipotentiaries : 
[Here  follow  the  names  of  the  plenipotentiaries.] 
Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions : 

Chapter  I.— The  Rights  and  Duties  of  Neutral  Powers  ^^^^^  ^f 

neutral  Powers. 

Article  1 
The  territory  of  neutral  Powers  is  inviolable.  kfviokbie. 

Article  2 

Belligerents   are   forbidden  to  move  troops   or  convoys   of   either  bdUgJrents 
munitions  of  war  or  supplies  across  the  territory  of  a  neutral  Power.       *°''''' 

Article  3 

Belligerents  are  likewise  forbidden  to — 

(a)  Erect  on  the  territory  of  a  neutral  Power  a  wireless  telegraphy  ^•rtj'e'sftdf- 
station  or  other  apparatus  for  the  purpose  of  communicating  with  f"^iddln.*°"' 
belligerent  forces  on  land  or  sea; 

(6)  Use  any  installation  of  this  kind  established  by  them  before  the  Sta°fa"on!^''^ 


134 


CONVENTION  V  OF  1907 


war  on  the  territory  of  a  neutral  Power  for  purely  military  purposes, 
and  which  has  not  been  opened  for  the  service  of  public  messages. 


Recruiting,  etc., 
forbidden. 


Article  4 

Corps  of  combatants  can  not  be   formed  nor  recruiting  agencies 
opened  on  the  territory  of  a  neutral  Power  to  assist  the  belligerents. 


Prevention 
by  neutrals. 


Article  5 

A  neutral  Power  must  not  allow  any  of  the  acts  referred  to  in 
Articles  2  to  4  to  occur  on  its  territory. 

It  is  not  called  upon  to  punish  acts  in  violation  of  its  neutrality 
unless  the  said  acts  have  been  committed  on  its  own  territory. 


Crossing 
frontier 
to  enlist. 


Shipment 
of  arms. 


Use  of  tele- 
graph, etc., 
apparatus. 


Impartial 
treatment  of 
belligerents. 


Article  6 

The  responsibility  of  a  neutral  Power  is  not  engaged  by  the  fact 
of  persons  crossing  the  frontier  separately  to  offer  their  services  to 
one  of  the  belligerents. 

Article  7 

A  neutral  Power  is  not  called  upon  to  prevent  the  export  or  trans- 
port, on  behalf  of  one  or  other  of  the  belligerents,  of  arms,  munitions 
of  war,  or,  in  general,  of  anything  which  can  be  of  use  to  an  army  or 
a  fleet. 

Article  8 

A  neutral  Power  is  not  called  upon  to  forbid  or  restrict  the  use 
on  behalf  of  the  belligerents  of  telegraph  or  telephone  cables  or  of 
wireless  telegraphy  apparatus  belonging  to  it  or  to  companies  or 
private  individuals. 

Article  9 

Every  measure  of  restriction  or  prohibition  taken  by  a  neutral 
Power  in  regard  to  the  matters  referred  to  in  Articles  7  and  8  must 
be  impartially  applied  by  it  to  both  belligerents. 

A  neutral  Power  must  see  to  the  same  obligation  being  observed 
by  companies  or  private  individuals  owning  telegraph  or  telephone 
cables  or  wireless  telegraphy  apparatus. 


NEUTRAL  POWERS  AND  PERSONS  IN  WAR  ON  LAND       135 

Article  10 

The  fact  of  a  neutral  Power  resisting,  even  by  force,  attempts  to  Resisting 
violate  its  neutrality  can  not  be  regarded  as  a  hostile  act.  of  neutrality. 

Chapter  II. — Belligerents  Interned  and  Wounded  Tended  in  Neutral  Belligerents 

^  in  neutral 

Territory  territory. 

Article  IP 

A  neutral  Power  which  receives  on  its  territory  troops  belonging  p^^/^f"^,^" 
to  the  belligerent  armies  shall  intern  them,  as  far  as  possible,  at  a  seat  of  war. 
distance  from  the  theatre  of  war. 

It  may  keep  them  in  camps  and  even  confine  them  in  fortresses  or  Detention 

J  tr  r  camps,  etc. 

in  places  set  apart  for  this  purpose. 

It  shall  decide  whether  officers  can  be  left  at  liberty  on  giving  their  t^^ofll^e^s. 
parole  not  to  leave  the  neutral  territory  without  permission. 

Article  12^ 

In  the  absence  of  a  special  convention  to  the  contrary,  the  neutral  fo'fjfg'fntgmed. 
Power  shall  supply  the  interned  with  the  food,  clothing,  and  relief 
required  by  humanity. 

At  the  conclusion  of  peace  the  expenses  caused  by  the  internment 
shall  be  made  good. 

Article  13 

A  neutral  Power  which   receives  escaped  prisoners   of  war  shall  Escaped 

'■  "^  ,  .      prisoners 

leave  them  at  liberty.     If  it  allows  them  to  remain  in  its  territory  it  of  war. 
may  assign  them  a  place  of  residence. 

The  same  rule  applies  to  prisoners  of  war  brought  by  troops  taking 
refuge  in  the  territory  of  a  neutral  Power. 

Article  14^ 
A  neutral  Power  may  authorize  the  passage  over  its  territory  of  Care  of  sick 

•^  jT  o  ^  ■'       ^      gj^(j  wounded. 

the  sick  and  wounded  belonging  to  the  belligerent  armies,  on  condi- 
tion that  the  trains  bringing  them  shall  carry  neither  personnel  nor 
war  material.  In  such  a  case,  the  neutral  Power  is  bound  to  take 
whatever  measures  of  safety  and  control  are  necessary  for  the  purpose. 


1  Articles  11,  12,  14  and  15  are  identical  in  the  original  French  with  Articles  57, 
58,  59  and  60  (ante,  p.  127)  respectively  of  the  1899  Convention  (II)  respecting 
the  laws  and  customs  of  war  on  land,  except  for  the  substitution  of  "Power"  for 
"State." 


136 


CONVENTION  V  OF  1907 


The  sick  or  wounded  brought  under  these  conditions  into  neutral 
territory  by  one  of  the  belligerents,  and  belonging  to  the  hostile  party, 
must  be  guarded  by  the  neutral  Power  so  as  to  ensure  their  not  taking 
part  again  in  the  military  operations.  The  same  duty  shall  devolve 
on  the  neutral  State  with  regard  to  wounded  or  sick  of  the  other 
army  who  may  be  committed  to  its  care. 


Application 
of  Geneva 


Article  15^ 

The  Geneva  Convention  applies  to  sick  and  wounded  interned  in 
Convention.         ncutral  territory. 

Neutral  persons.  CHAPTER    III.— Neutral   PerSOftS 

Article  16^ 


Definition. 


Acts  prohibited. 


The  nationals  of  a  State  which  is  not  taking  part  in  the  war  are 
considered  as  neutrals. 

Article  17^ 

A  neutral  can  not  avail  himself  of  his  neutrality — 

(a)  If  he  commits  hostile  acts  against  a  belligerent; 

(b)  If  he  commits  acts  in  favor  of  a  belligerent,  particularly  if  he 
voluntarily  enlists  in  the  ranks  of  the  armed  force  of  one  of  the 
parties. 

In  such  a  case,  the  neutral  shall  not  be  more  severely  treated  by  the 
belligerent  as  against  whom  he  has  abandoned  his  neutrality  than  a 
national  of  the  other  belligerent  State  could  be  for  the  same  act. 


Acts  not 
prohibited. 


Article  18^ 

The  following  acts  shall  not  be  considered  as  committed  in  favor  of 
one  belligerent  in  the  sense  of  Article  17,  letter  (b)  : 

(a)  Supplies  furnished  or  loans  made  to  one  of  the  belligerents, 
provided  that  the  person  who  furnishes  the  supplies  or  who  makes  the 
loans  lives  neither  in  the  territory  of  the  other  party  nor  in  the  territory 
occupied  by  him,  and  that  the  supplies  do  not  come  from  these 
territories ; 

(b)  Services  rendered  in  matters  of  police  or  civil  administration. 


1  Articles  11,  12,  14  and  15  are  identical  in  the  ori.srinal  French  with  Articles  57, 
58,  59  and  60  (ante,  p.  127)  respectively  of  the  1899  Convention  (II)  respecting 
the  laws  and  customs  of  war  on  land,  except  for  the  substitution  of  "Power"  for 
"State." 

^Great  Britain  made  reservation  of  Articles  16,  17  and  18. 


NEUTRAL  POWERS  AND  PERSONS  IN  WAR  ON  LAND       137 

Chapter  IV.—Raihmy  Material  maSfai 

Article  19^ 

Railway   material   coming   from   the   territory   of   neutral    Powers,  bemgerentsof 
whether  it  be  the  property  of  the  said  Powers  or  of  companies  or  "^utrai  property, 
private  persons,  and  recognizable  as  such,  shall  not  be  requisitioned 
or  utilized  by  a  belligerent  except  where  and  to  the  extent  that  it  is 
absolutely  necessary.     It  shall  be  sent  back  as  soon  as  possible  to  the 
country  of  origin. 

A  neutral  Power  may  likewise,  in  case  of  necessity,  retain  and  Us^j  "^^g^^. 
utilize  to  an  equal  extent  material  coming  from  the  territory  of  the  {^y°^eutrais 
belligerent  Power. 

Compensation  shall  be  paid  by  one  party  or  the  other  in  proportion  Compensation. 
to  the  material  used,  and  to  the  period  of  usage. 

Chapter  V. — Final  Provisions 

Article  20 

The   provisions   of   the   present    Convention   do   not   apply   except  Powers  bound, 
between  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  21 

The  present  Convention  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratifications  shall  be  deposited  at  The  Hague.  Thrnague 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verbal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification,  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit  fj'powe1-s.°'''^^ 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, and  of  the  instruments  of  ratification  shall  be  immediately  sent 
by  the  Netherland  Government,  through  the  diplomatic  channel,  to  the 
Powers  invited  to  the  Second  Peace  Conference  as  well  as  to  the  other 
Powers  which  have  adhered  to  the  Convention.  In  the  cases  contem- 
plated in  the  preceding  paragraph,  the  said  Government  shall  at  the 
same  time  inform  them  of  the  date  on  which  it  received  the  notification. 


^The  Argentine  Republic  made  reservation  of  Article  19. 


138 


CONVENTION  V  OF  1907 


Adherence  of 
non-signatory 
Powers. 
Notification 
of  intent. 


Communication 
to  other  Powers. 


Article  22 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing 
to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion, 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  immediately  forward  to  all  the  other  Powers 
a  duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhe- 
sion, mentioning  the  date  on  which  it  received  the  notification. 


Effect  of 
ratification. 


Article  23 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verbal  of  this  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  adhesion  has 
been  received  by  the  Netherland  Government. 


Denunciation. 


Notifying 
Power  only 
affected. 


Re^ster  of 
ratifications. 


Signing. 


Article  24 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing 
to  the  Netherland  Government,  which  shall  immediately  commimicate 
a  duly  certified  copy  of  the  notification  to  all  the  other  Powers,  inform- 
ing them  at  the  same  time  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  25 

A  register  kept  by  the  Netherland  Ministry  of  Foreign  Afifairs  shall 
give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of  Article 
21,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifications 
of  adhesion  (Article  22,  paragraph  2)  or  of  denunciation  (Article  24, 
paragraph  1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 


NEUTRAL  POWERS  AND  PERSONS  IN  WAR  ON  LAND       139 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which  ^^^fr^g^inai. 
shall  remain  deposited  in  the  archives  of  the  Netherland  Govern- 
ment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  the 
Second  Peace  Conference. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary November  27, 


Belgium August  8 

Bolivia November  27 

Brazil January  5 

Cuba February  22 

Denmark November  27 

France October  7 

Germany November  27 

Guatemala March  15 

Haiti February  2 

Japan December  13 

Luxemburg September  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 

Roumania March  1 

Russia November  27 

Salvador November  27 

Siam March  12 

Spain March  18 

Sweden November  27 

Switzerland May  12 

United  States November  27 


1909 
1910 
1909 
1914 
1912 
1909 
1910 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 
1909 


140  CONVENTION  V  OF  1907 

Adhesions: 

China January  15,  1910 

Liberia February  4,  1914 

Nicaragua  December  16,  1909 

The   following   Powers   signed   the   Convention   but   have  not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Servia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  Venezuela 
Italy 

Reservations:^ 

Argentine  Republic 

The  Argentine  Republic  makes  reservation  of  Article  19. 

Great  Britain 

Under  reservation  of  Articles  16,  17  and  18. 


^These  reservations  were  made  at  signature. 


CONVENTION  (VI)  RELATING  TO  THE  STATUS  OF  ENEMY  MERCHANT 
SHIPS  AT  THE  OUTBREAK  OF  HOSTILITIES 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.] : 

Anxious  to  ensure  the  security  of  international  commerce  against  the  Purpose  of 

°  Convention 

surprises  of  war,  and  wishing,  in  accordance  with  modern  practice,  to 
protect  as  far  as  possible  operations  undertaken  in  good  faith  and  in 
process  of  being  carried  out  before  the  outbreak  of  hostilities,  have 
resolved  to  conclude  a  Convention  to  this  effect,  and  have  appointed 
the  following  persons  as  their  plenipotentiaries :  Pienipovsntiaries. 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions : 

Article  1 
When  a  merchant  ship  belonging  to  one  of  the  belligerent  Powers  is   Belligerent 

....        .  merchant  ships 

at  the  commencement  of  hostilities  in  an  enemy  port,  it  is  desirable  that  J"  enemy 
it  should  be  allowed  to  depart  freely,  either  immediately,  or  after  a  rea-  commencement 

,  ,  of  hostilities 

sonable  number  of  days  of  grace,  and  to  proceed,  after  being  furnished  may  depart 

•  1  1-  ■  r    t        •  •  freely. 

With  a  pass,  direct  to  its  port  of  destination  or  any  other  port  indicated. 
The  same  rule  should  apply  in  the  case  of  a  ship  which  has  left  its 
last  port  of  departure  before  the  commencement  of  the  war  and  entered 
a  port  belonging  to  the  enemy  while  still  ignorant  that  hostilities  had 
broken  out. 

Article  2 

A  merchant  ship  unable,  owing  to  circumstances  of  force  majeure,  May  not  be 
to  leave  the  enemy  port  within  the  period  contemplated  in  the  above 
article,  or  which  w^as  not  allowed  to  leave,  can  not  be  confiscated. 

The  belligerent  may  only  detain  it,  without  payment  of  compensation,   May  be 
but  subject  to  the  obligation  of  restoring  it  after  the  war,  or  requisition  requisitioned. 
it  on  payment  of  compensation. 


k 


142 


CONVENTION  VI  OF  1907 


Enemy 

merchant  ships 
on  high  seas. 


Liable  to 
detention, 
requisition 
or  demolition. 


Subject  to 
laws  and 
customs  of 
maritime  war. 


Article  3^ 

Enemy  merchant  ships  which  left  their  last  port  of  departure  before 
the  commencement  of  the  war,  and  are  encountered  on  the  high  seas 
while  still  ignorant  of  the  outbreak  of  hostilities  can  not  be  confiscated. 
They  are  only  liable  to  detention  on  the  understanding  that  they  shall 
be  restored  after  the  war  without  compensation,  or  to  be  requisitioned, 
or  even  destroyed,  on  payment  of  compensation,  but  in  such  cases  pro- 
vision must  be  made  for  the  safety  of  the  persons  on  board  as  well  as 
the  security  of  the  ship's  papers. 

After  touching  at  a  port  in  their  own  country  or  at  a  neutral  port, 
these  ships  are  subject  to  the  laws  and  customs  of  maritime  war. 


Article  4 

Enemy  cargo.  Enemy  cargo  on  board  the  vessels  referred  to  in  Articles  1  and  2  is 

likewise  liable  to  be  detained  and  restored  after  the  termination  of  the 
war  without  payment  of  compensation,  or  to  be  requisitioned  on  pay- 
ment of  compensation,  with  or  without  the  ship. 

The  same  rule  applies  in  the  case  of  cargo  on  board  the  vessels  re- 
ferred to  in  Article  3.^ 

Article  5 

i^tended'for'''^  ^^^  prcscut  Convcntion  does  not  affect  merchant  ships  whose  build 

conversion  shows  that  they  are  intended  for  conversion  into  war-ships. 

into  war-ships.  J  ^ 


Powers  bound 


Ratifications. 

Deposit  at 
The  Hague. 


Article  6 

The  provisions  of  the  present  Convention  do  not  apply  except  be- 
tween contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  7 

The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proch-verbal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of  a 


ipor  reservations  of  Germany  and  Russia,  see  p.  145. 


ENEMY  MERCHANT  SHIPS  AT  OUTBREAK  OF  HOSTILITIES    143 

written  notification  addressed  to  the  Netherland  Government  and  ac- 
companied by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verhal  relative  to  the  first  deposit  t^pSrs?^'" 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once  sent 
by  the  Netherland  Government,  through  the  diplomatic  channel,  to  the 
Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to  the  other 
Powers  which  have  adhered  to  the  Convention.  In  the  cases  contem- 
plated in  the  preceding  paragraph,  the  said  Government  shall  at  the 
same  time  inform  them  of  the  date  on  which  it  received  the  notification. 

Article  8 

Non-signatory  Powers  may  adhere  to  the  present  Convention.  powSs^"'*'"'^^ 

The  Power  which  desires  to  adhere  notifies  in  writing  its  intention  may  adhere. 

to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion, 

which  shall  be  deposited  in  the  archives  of  the  said  Government. 

The  said  Government  shall  at  once  transmit  to  all  the  other  Powers  ^thef  Pow^rs° 

a  duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 

stating  the  date  on  which  it  received  the  notification. 

Article  9 
The  present  Convention  shall  come  into  force,  in  the  case  of  the  Effect  of 

*^  .  .  ratification. 

Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verhal  of  that  deposit,  and,  in  the  case 
of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has  been 
received  by  the  Netherland  Government. 

Article  10 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce  Denunciation. 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing  to 
the  Netherland  Government,  which  shall  at  once  communicate  a  certi- 
fied copy  of  the  notification  to  all  the  other  Powers,  informing  them  of 
the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 


144 


CONVENTION  VI  OF  1907 


Register  of 
ratifications. 


Signing. 


Deposit  of 
original. 


Article  11 

A  register  kept  by  the  Ministry  of  Foreign  Affairs  shall  give  the  date 
of  the  deposit  of  ratifications  made  in  virtue  of  Article  7,  paragraphs 
3  and  4,  as  well  as  the  date  on  which  the  notifications  of  adhesion  (Ar- 
ticle 8,  paragraph  2)  or  of  denunciation  (Article  10,  paragraph  1) 
have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register  and 
to  be  supplied  with  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  to  the  present 
Convention  their  signatures. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent  through  the  diplomatic 
channel,  to  the  Powers  which  have  been  invited  to  the  Second  Peace 
Conference. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary November  27, 

Belgium August  8, 


Brazil January  5 

Cuba February  22 

Denmark November  27 

France October  7 

Germany November  27 

Great  Britain November  27 

Guatemala March  15 

Haiti February  2 

Japan December  13 

Luxemburg September  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 


1909 
1910 
1914 
1912 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 


ENEMY  MERCHANT  SHIPS  AT  OUTBREAK  OF  HOSTILITIES    145 

Roumania March  1,  1912 

Russia November  27,  1909 

Salvador November  27,  1909 

Siam March  12,  1910 

Spain March  18,  1913 

Sweden November  27,  1909 

Switzerland May  12,  1910 

Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

The   following   Powers   signed   the   Convention   but   have   not  yet 
ratified : 

Argentine  Republic                                       Montenegro 

Bolivia  Paraguay 

Bulgaria  Persia 

Chile  Peru 

Colombia  Servia 

Dominican  Republic  Turkey 

Ecuador  Uruguay 

Greece  Venezuela 
Italy 

Reservations:'^ 

Germany 

Under  reservation  of  Article  3  and  of  Article  4,  para- 
graph 2.2 

Russia 

Under  the  reservations  made  as  to  Article  3  and  Article  4, 
paragraph  2,  of  the  present  Convention,  and  recorded  in  the 
minutes  of  the  seventh  plenary  session  of  September  27,  1907.^ 


^These  reservations  were  made  at  signature  and  maintained  at  ratification. 

^The  German  and  Russian  delegations  considered  that  these  provisions  es- 
tablished an  inequality  between  States  in  imposing  financial  burdens  on  those 
Powers  which,  lacking  naval  stations  in  different  parts  of  the  world,  are  not  in  a 
position  to  take  vessels  which  they  have  seized  into  a  port,  but  find  themselves 
compelled  to  destroy  them.    Actes  et  documents,  vol.  i,  p.  236;  vol.  iii,  p.  918. 


CONVENTION  (VII)   RELATING  TO  THE  CONVERSION  OF  MERCHANT 

SHIPS  INTO  WAR-SHIPS 

Signed  at  The  Hague,  October  18,  1907 


Purpose  of 
Convention. 


His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Whereas  it  is  desirable,  in  view  of  the  incorporation  in  time  of  war 
of  merchant  ships  in  the  fighting  fleet,  to  define  the  conditions  subject 
to  which  this  operation  may  be  effected; 

Whereas,  however,  the  contracting  Powers  have  been  unable  to  come 
to  an  agreement  on  the  question  whether  the  conversion  of  a  merchant 
ship  into  a  war-ship  may  take  place  upon  the  high  seas,  it  is  under- 
stood that  the  question  of  the  place  where  such  conversion  is  effected 
remains  outside  the  scope  of  this  agreement  and  is  in  no  way  affected 
by  the  following  rules ; 
Plenipotentiaries.  Being  dcsirous  of  coucluding  a  Convention  to  this  effect,  have  ap- 
pointed the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions: 


Converted 
merchant  ships 
to  be  undei 
State  control. 


Article  1 

A  merchant  ship  converted  into  a  war-ship  can  not  have  the  rights 
and  duties  accruing  to  such  vessels  unless  it  is  placed  under  the  direct 
authority,  immediate  control,  and  responsibility  of  the  Power  whose 
flag  it  flies. 

Article  2 

dis"tin^fs'hing  Merchant  ships  converted  into  war-ships  must  bear  the  external 

marks.  marks  which  distinguish  the  war-ships  of  their  nationality. 


Commander 
must  be  duly 
commissioned. 


Article  3 

The  commander  must  be  in  the  service  of  the  State  and  duly  com- 
missioned by  the  competent  authorities.  His  name  must  figure  on  the 
list  of  the  officers  of  the  fighting  fleet. 


CONVERSION  OF  MERCHANT  SHIPS  INTO  WAR-SHIPS      147 

Article  4 
The  crew  must  be  subject  to  military  discipline. 

Article  5 


Crew  subject 
to  military 
discipline. 


Every  merchant  ship  converted  into  a  war-ship  must  observe  in  its   Must  observe 

J  sr  f  law  and  cus- 

operations  the  laws  and  customs  of  war.  *°™^  °^  *^''- 


Article  6 

A  belligerent  who  converts  a  merchant  ship  into  a  war-ship  must,  as   ^°"t"e'°" 
soon  as  possible,  announce  such  conversion  in  the  list  of  war-ships. 


must  be 
announced. 


Article  7 

The  provisions  of  the  present  Convention  do  not  apply  except  be-   Powers  bound. 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  8 


Ratification. 

Deposit  at 
The  Hague. 


Certified  copies 
to  Powers. 


The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proch-verbal 
signed  by  the  representatives  of  the  Powers  who  take  part  therein  and 
by  the  Netherland  Minister  for  Foreign  AflFairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification,  addressed  to  the  Netherland  Government  and  ac- 
companied by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once 
sent  by  the  Netherland  Government,  through  the  diplomatic  channel, 
to  the  Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to 
the  other  Powers  which  have  adhered  to  the  Convention.  In  the  cases 
contemplated  in  the  preceding  paragraph  the  said  Government  shall 
at  the  same  time  inform  them  of  the  date  on  which  it  received  the 
notification. 

Article  9 

Non-signatory  Powers  may  adhere  to  the  present  Convention.  Non-signatory 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing  may  adhere. 


148 


CONVENTION  VII  OF  1907 


Notification  to 
other  Powers. 


to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion, 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

That  Government  shall  at  once  transmit  to  all  the  other  Powers  a 
duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
stating  the  date  on  which  it  received  the  notification. 


Effect  of 
Convention. 


Article  10 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verbal  of  this  deposit,  and,  in  the  case 
of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has  been 
received  by  the  Netherland  Government. 


Denunciation. 


Register  of 
ratifications. 


Signing. 


Deposit  of 
original. 


Article  11 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing  to 
the  Netherland  Government,  which  shall  at  once  communicate  a  duly 
certified  copy  of  the  notification  to  all  the  other  Powers,  informing 
them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  12 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Afifairs  shall 
give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of  Article  8, 
paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifications  of 
adhesion  (Article  9,  paragraph  2)  or  of  denunciation  (Article  11,  para- 
graph 1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplomatic 
channel,  to  the  Powers  which  have  been  invited  to  the  Second  Peace 
Conference. 

[Here  follow  signatures.] 


CONVERSION  OF  MERCHANT  SHIPS  INTO  WAR-SHIPS       149 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated: 


Austria-Hungary November  27 

Belgium August  8 

Brazil January  5 

Denmark November  27 

France October  7 

Germany November  27 

Great  Britain November  27 

Guatemala March  15 

Haiti February  2 

Japan December  13 

Luxemburg September  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 

Roumania March  1 

Russia November  27 

Salvador November  27 

Siam March  12 

Spain March  18 

Sweden November  27 

Switzerland May  12 


1909 
1910 
1914 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1909 
1910 


Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

The    following   Powers  signed  the   Convention  but   have  not  yet 
ratified : 

Argentine   Republic  Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Cuba  Servia 

Ecuador  Turkey 

Greece  Venezuela 


150  CONVENTION  VII  OF  1907 

Reservation:'^ 

Turkey 

Under   reservation   of  the   declaration  made  at  the   eighth 
plenary  session  of  the  Conference  of  October  9,  1907. 

Extract  from  the  proces-verbal: 

The  Imperial  Ottoman  Government  does  not  engage  to  recog- 
nize as  vessels  of  war,  ships  which,  being  in  its  waters  or  on  the 
high  seas  under  a  merchant  flag,  are  converted  on  the  opening  of 
hostilities.2 


^This  reservation  was  made  at  signature 
^Actes  et  documents,  vol.  i,  p.  277. 


CONVENTION  (VIM)  RELATIVE  TO  THE  LAYING  OF  AUTOMATIC 
SUBMARINE  CONTACT  MINES 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Inspired  by  the  principle  of  the  freedom  of  sea  routes,  the  com-   Purpose  of 

.  Convention. 

mon  highway  of  all  nations ; 

Seeing  that,  although  the  existing  position  of  affairs  makes  it 
impossible  to  forbid  the  employment  of  automatic  submarine  contact 
mines,  it  is  nevertheless  desirable  to  restrict  and  regulate  their  em- 
ployment in  order  to  mitigate  the  severity  of  war  and  to  ensure,  as 
far  as  possible,  to  peaceful  navigation  the  security  to  which  it  is 
entitled,  despite  the  existence  of  war; 

Until  such  time  as  it  is  found  possible  to  formulate  rules  on  the 
subject  which  shall  ensure  to  the  interests  involved  all  the  guarantees 
desirable; 

Have  resolved  to  conclude  a  Convention  for  this  purpose,  and 
have  appointed  the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions: 

Article  1 

It  is   forbidden Prohibitions. 

1.  To  lay  unanchored  automatic  contact  mines,  except  when  they   Unanchored 

'^  ■'      automatic 

are  so  constructed  as  to  become  harmless  one  hour  at  most  after  the   contact  mines. 
person  who  laid  them  ceases  to  control  them  ;^ 

2.  To  lay  anchored  automatic  contact  mines  which  do  not  become   Anchored 

contact  mines. 

harmless  as  soon  as  they  have  broken  loose  from  their  moorings ; 

3.  To  use  torpedoes  which  do  not  become  harmless  when  they  have   Torpedoes, 
missed  their  mark. 

Article  2^ 

It  is  forbidden  to  lay  automatic  contact  mines  off  the  coast  and   Mines  to  inter- 

j  ...  .  cept  commercial 

ports  of  the  enemy,  with  the  sole  object  of  intercepting  commercial   shipping, 
shipping. 

^The  Dominican  Republic  and  Siam  signed  under  reservation  of  this  paragraph. 
See  also  the  general  reservation  of  Turkey,  post,  p.  156. 
^France  and  Germany  signed  under  reservation  of  Article  2. 


152 


CONVENTION  VIII  OF  1907 


Article  3 
Protection  of  When  anchored  automatic  contact  mines  are  employed,  every  pos- 

peaceiul  shipping.  tr     j        f  j     r 

sible  precaution  must  be  taken  for  the  security  of  peaceful  shipping. 
Notice  of  'Phe  belligerents  undertake  to  do  their  utmost  to  render  these  mines 

danger  zones.  o 

harmless  within  a  limited  time,  and,  should  they  cease  to  be  under 
surveillance,  to  notify  the  danger  zones  as  soon  as  military  exigencies 
permit,  by  a  notice  addressed  to  ship  owners,  which  must  also  be 
communicated  to  the  Governments  through  the  diplomatic  channel. 


Mines  laid  by 
neutral  Powers. 


Removal  at 
close  of  war. 


Notification 
of  position. 


Adoption  of 
perfected  mines. 


Powers  bound. 


Article  4 

Neutral  Powers  which  lay  automatic  contact  mines  off  their  coasts 
must  observe  the  same  rules  and  take  the  same  precautions  as  are 
imposed  on  belligerents. 

The  neutral  Power  must  inform  ship  owners,  by  a  notice  issued  in 
advance,  where  automatic  contact  mines  have  been  laid.  This  notice 
must  be  communicated  at  once  to  the  Governments  through  the  dip- 
lomatic channel. 

Article  5 

At  the  close  of  the  war,  the  contracting  Powers  undertake  to  do 
their  utmost  to  remove  the  mines  which  they  have  laid,  each  Power 
removing  its  own  mines. 

As  regards  anchored  automatic  contact  mines  laid  by  one  of  the 
belligerents  off  the  coast  of  the  other,  their  position  must  be  notified 
to  the  other  party  by  the  Power  which  laid  them,  and  each  Power 
must  proceed  with  the  least  possible  delay  to  remove  the  mines  in 
its  own  waters. 

Article  6^ 

The  contracting  Powers  which  do  not  at  present  own  perfected 
mines  of  the  pattern  contemplated  in  the  present  Convention,  and 
which,  consequently,  could  not  at  present  carry  out  the  rules  laid 
down  in  Articles  1  and  3,  undertake  to  convert  the  materiel  of  their 
mines  as  soon  as  possible,  so  as  to  bring  it  into  conformity  with  the 
foregoing  requirements. 

Article  7 

The  provisions  of  the  present  Convention  do  not  apply  except 
between  contracting  Powers,  and  then  only  if  all  the  belligerents 
are  parties  to  the  Convention, 


^See  the  declaration  of  Turkey,  post,  p.  156. 


AUTOMATIC  SUBMARINE  CONTACT  MINES  153 

Article  8 

The  present  Convention  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratifications  shall  be  deposited  at  The  Hague.  The°Hl^ue 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verbal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  ^^''po^'^rT^*^^ 
deposit  of  ratifications,  of  the  notifications  mentioned  in  the  preced- 
ing paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be 
at  once  sent,  by  the  Netherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
has  received  the  notification. 

Article  9 
Non-signatory  Powers  mav  adhere  to  the  present  Convention.  Adherence  of 

o  J  J  r  non-signatory 

The  Power  which  desires  to  adhere  notifies  in  writing  its  intention  Powers. 
to  the  Netherland  Government,  transmitting  to  it  the  act  of  adhesion,   '^{°f^tent°" 
which  shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  at  once  transmit  to  all  the  other  Powers  a  ^o°X"r"powe"s. 
duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
stating  the  date  on  which  it  received  the  notification. 

Article  10 

The  present  Convention  shall  come  into  force,  in  the  case  of  the  fafmcadon. 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verbal  of  this  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  adhere,  sixty  days 
after  the  notification  of  their  ratification  or  of  their  adhesion  has  been 
received  by  the  Netherland  Government. 


154 


CONVENTION  VIII  OF  1907 


Duration. 


Denunciation. 


Notifying 

Power 

only  affected. 


Reopening 
question. 


New  Convention. 


Article  11 

The  present  Convention  shall  remain  in  force  for  seven  years, 
dating  from  the  sixtieth  day  after  the  date  of  the  first  deposit  of 
ratifications. 

Unless  denounced,  it  shall  continue  in  force  after  the  expiration  of 
this  period. 

The  denunciation  shall  be  notified  in  writing  to  the  Netherland 
Government,  which  shall  at  once  communicate  a  duly  certified  copy 
of  the  notification  to  all  the  Powers,  informing  them  of  the  date  on 
which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  six  months  after  the  notification  has  reached  the  Nether- 
land Government. 

Article  12 

The  contracting  Powers  undertake  to  reopen  the  question  of  the 
employment  of  automatic  contact  mines  six  months  before  the  expira- 
tion of  the  period  contemplated  in  the  first  paragraph  of  the  pre- 
ceding article,  in  the  event  of  the  question  not  having  been  already 
reopened  and  settled  by  the  Third  Peace  Conference. 

If  the  contracting  Powers  conclude  a  fresh  Convention  relative 
to  the  employment  of  mines,  the  present  Convention  shall  cease  to 
be  applicable  from  the  moment  it  comes  into  force. 


Regrster  of 
ratifications. 


Signing. 


Deposit 
of  original. 


Article  13 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  8,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  noti- 
fications of  adhesion  (Article  9,  paragraph  2)  or  of  denunciation 
(Article  11,  paragraph  3)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in  the  archives  of  the  Netherland  Gov- 
ernment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  the 
Second  Peace  Conference. 

[Here  follow  signatures.] 


AUTOMATIC  SUBMARINE  CONTACT  MINES 


155 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  rattled  by  the  following 
Powers  on  the  dates  indicated: 

Austria-Hungary November  27 

Belgium August  8 

Brazil January  5 

Denmark November  27 

France October  7 

Germany November  27 

Great  Britain November  27 

Guatemala March  15 

Haiti February  2 

Japan December  13 

Luxemburg September  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Roumania March  1 

Salvador November  27 

Siam  .  .  .  .  o March  12 

Switzerland May  12 

United  States November  27 


signatory 

1909 
1910 
1914 
1909 
1910 
1909 
1909 
1911 
1910 
1911 
1912 
1909 
1909 
1910 
1911 
1912 
1909 
1910 
1910 
1909 


Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 


The    following   Powers   signed   the   Convention  but   have  not  yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Paraguay 

Bulgaria  Persia 

Chile  Peru 

Colombia  Servia 

Cuba  Turkey 

Dominican  Republic  Uruguay 

Ecuador  Venezuela 
Greece 


156  CONVENTION  VIII  OF  1907 

Reservations:'^ 

Dominican  Republic 

With  reservation  as  to  the  first  paragraph  of  Article  1. 

France 

Under  reservation  of  Article  2.- 

Germany 

Under  reservation  of  Article  2.^ 

Great  Britain 

Under  reservation  of  the  following  declaration : 

In  affixing  their  signatures  to  the  above  Convention  the  British 
plenipotentiaries  declare  that  the  mere  fact  that  this  Convention  does 
not  prohibit  a  particular  act  or  proceeding  must  not  be  held  to  debar 
His  Britannic  Majesty's  Government  from  contesting  its  legitimacy .^ 

Siam 

Under  reservation  of  Article  1,  paragraph  1.^ 

Turkey 

Under  reservation  of  the  declarations  recorded  in  the  proces- 

verhal  of  the  eighth  plenary  session  of  the  Conference  held  on 

October  9,  1907. 

Extract  from   the  proces-verbal: 

The  Imperial  Ottoman  delegation  can  not  at  the  present  time 
undertake  any  engagement  vi^hatever  for  perfected  systems  which 
are  not  yet  universally  knovirn.  *  *  *  The  Imperial  Ottoman 
delegation  believes  that  it  should  declare  that,  given  the  exceptional 
situation  created  by  treaties  in  force  at  the  straits  of  the  Dar- 
danelles and  the  Bosphorus,  straits  which  are  an  integral  part  of 
the  territory,  the  Imperial  Government  could  not  in  any  way  sub- 
scribe to  any  undertaking  tending  to  limit  the  means  of  defense 
that  it  may  deem  necessary  to  employ  for  these  straits  in  case  of 
war  or  with  the  aim  of  causing  its  neutrality  to  be  respected.  *  *  * 
The  Imperial  Ottoman  delegation  can  not  at  the  present  time  take 
part  in  any  engagement  as  regards  the  conversion  mentioned  in 
Article  6.3 


lAll  these  reservations  were  made  at  signature. 

^Reservation  maintained  at  ratification. 

^Statement  of  Turkhan  Pasha.    Actes  et  documents,  vol.  i,  p.  280. 


CONVENTION  (IX)  CONCERNING  BOMBARDMENT  BY  NAVAL  FORCES 

IN  TIME  OF  WAR 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Animated  by  the  desire  to  reaHze  the  wish  expressed  by  the  First  convemion. 
Peace  Conference  respecting  the  bombardment  by  naval  forces  of  un- 
defended ports,  towns,  and  villages  ; 

Whereas  it  is  expedient  that  bombardments  by  naval  forces  should 
be  subject  to  rules  of  general  application  which  would  safeguard  the 
rights  of  the  inhabitants  and  assure  the  preservation  of  the  more 
important  buildings,  by  applying  as  far  as  possible  to  this  operation 
of  war  the  principles  of  the  Regulation  of  1899  respecting  the  laws 
and  customs  of  land  war ; 

Actuated,  accordingly,  by  the  desire  to  serve  the  interests  of  human- 
ity and  to  diminish  the  severity  and  disasters  of  war ; 

Have  resolved  to  conclude  a  Convention  to  this  effect,  and  have,  for 
this  purpose,  appointed  the  following  as  their  plenipotentiaries : 

[Here  follow  the  names  of  the  plenipotentiaries.] 

Who,  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  provisions : 

Chapter  I. — The  Bombardment  of  Undefended  Ports,  Towns,  Vil- 
lages, Dwellings,  or  Buildings 

Article  1 

The  bombardment  by  naval    forces   of   undefended   ports,   towns,  of°undIfe"ded 
villages,  dwellings,  or  buildings  is  forbidden.  ForWdden' 

A  place  cannot  be  bombarded  solely  because  automatic  submarine 
contact  mines  are  anchored  off  the  harbor.^ 

Article  2 
Military  works,  military  or  naval  establishments,  depots  of  arms   Military 

•'  '  -'  '  jr  works,  etc., 

or  war  materiel,  workshops  or  plant  which  could  be  utilized  for  the  excepted. 


^France,    Germany,    Great    Britain    and    Japan    made    reservations    of    this 
paragraph. 


158 


CONVENTION  IX  OF  1907 


Unavoidable 
damage. 


Precautionary 
measures. 


needs  of  the  hostile  fleet  or  army,  and  the  ships  of  war  in  the  harbor, 
are  not,  however,  included  in  this  prohibition.  The  commander  of  a 
naval  force  may  destroy  them  with  artillery,  after  a  summons  fol- 
lowed by  a  reasonable  time  of  waiting,  if  all  other  means  are  impos- 
sible, and  when  the  local  authorities  have  not  themselves  destroyed 
them  within  the  time  fixed. 

He  incurs  no  responsibility  for  any  unavoidable  damage  which  may 
be  caused  by  a  bombardment  under  such  circumstances. 

If  for  military  reasons  immediate  action  is  necessary,  and  no  delay 
can  be  allowed  the  enemy,  it  is  understood  that  the  prohibition  to 
bombard  the  undefended  town  holds  good,  as  in  the  case  given  in 
paragraph  1,  and  that  the  commander  shall  take  all  due  measures  in 
order  that  the  town  may  suffer  as  little  harm  as  possible. 


Bombardment 
on  declining 
to  furnish  pro- 
visions, etc., 
to  fleet. 


Article  3^ 

After  due  notice  has  been  given,  the  bombardment  of  undefended 
ports,  towns,  villages,  dwellings,  or  buildings  may  be  commenced,  if 
the  local  authorities,  after  a  formal  summons  has  been  made  to  them, 
decline  to  comply  with  requisitions  for  provisions  or  supplies  neces- 
sary for  the  immediate  use  of  the  naval  force  before  the  place  in 
question. 

These  requisitions  shall  be  in  proportion  to  the  resources  of  the 
place.  They  shall  only  be  demanded  in  the  name  of  the  commander 
of  the  said  naval  force,  and  they  shall,  as  far  as  possible,  be  paid  for 
in  cash;  if  not,  they  shall  be  evidenced  by  receipts. 


Money 
contributions. 


Article  4 

Undefended  ports,  towns,  villages,  dwellings,  or  buildings  may  not 
be  bombarded  on  account  of  failure  to  pay  money  contributions. 


Buildings,  etc. 
to  be  spared. 


Chapter  II. — General  Provisions 

Article  5 

In  bombardments  by  naval  forces  all  the  necessary  measures  must 
be  taken  by  the  commander  to  spare  as  far  as  possible  sacred  edifices, 
buildings  used  for  artistic,  scientific,  or  charitable  purposes,  historic 
monuments,  hospitals,  and  places  where  the  sick  or  wounded  are  col- 
lected, on  the  understanding  that  they  are  not  used  at  the  same  time 
for  military  purposes. 


^Chile  made  reservation  of  Article  3. 


BOMBARDMENT  BY  NAVAL  FORCES  159 

It  is  the  duty  of  the  inhabitants  to  indicate  such  monuments,  edifices,  j^^^^^^^^^ 
or  places  by  visible  signs,  which  shall  consist  of  large,  stiff  rectangular 
panels  divided  diagonally  into  two  colored  triangular  portions,  the 
upper  portion  black,  the  lower  portion  white. 

Article  6 

If  the  military  situation  permits,  the  commander  of  the  attacking  ^thoritfJL"^ 
naval  force,  before  commencing  the  bombardment,  must  do  his  utmost 
to  warn  the  authorities. 

Article  7 
A  town  or  place,  even  when  taken  by  storm,  may  not  be  pillaged,  fjrbldden. 

Chapter  III. — Final  Provisions 

Article  8 

The  provisions  of  the  present  Convention  do  not  apply  except  be-  Powers  bound, 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 

Article  9 

The  present  Convention  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratifications  shall  be  deposited  at  The  Hague.  *    ?he°Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verhal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  of  Foreign  Affairs. 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means 
of  a  written  notification  addressed  to  the  Netherland  Government 
and  accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verhal  relative  to  the  first  de-  f£f[hl*'p!)w°eri^ 
posit  of  ratifications,  of  the  notifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be  at 
once  sent  by  the  Netherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 


160 


CONVENTION  IX  OF  1907 


Adhesion  of 

non-signatory 

Powers. 

Notification 
of  intent. 


Communication 
to  other 
Powers. 


Article  10 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  shall  notify  its  intention  to  the 
Netherland  Government,  forwarding  to  it  the  act  of  adhesion,  which 
shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  immediately  forward  to  all  the  other  Powers 
a  duly  certified  copy  of  the  notification,  as  well  as  of  the  act  of  ad- 
hesion, mentioning  the  date  on  which  it  received  the  notification. 


Effect  of 
ratification. 


Article  U 

The  present  Convention  shall  come  into  force,  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces-verbal  of  that  deposit,  and,  in  the 
case  of  the  Powers  which  ratify  subsequently  or  which  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  adhesion 
has  been  received  by  the  Netherland  Government. 


Denunciation. 


Notifying 

Power 

only  affected. 


Register  of 
ratifications. 


Signing. 


Deposit 
of  original. 


Article  12 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing 
to  the  Netherland  Government,  which  shall  at  once  communicate  a 
duly  certified  copy  of  the  notification  to  all  the  other  Powers  inform- 
ing them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  reached  the  Nether- 
land Government. 

Article  13 

A  register  kept  by  the  Netherland  Minister  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  9,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifi- 
cations of  adhesion  (Article  10,  paragraph  2)  or  of  denunciation  (Ar- 
ticle 12,  paragraph  1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 


BOMBARDMENT  BY  NAVAL  FORCES  161 

shall  remain  deposited  in  the  archives  of  the   Netherland  Govern- 
ment, and  duly  certified  copies  of  which  shall  be  sent,  through  the 
diplomatic  channel,  to  the  Powers  which  have  been  invited  to  the 
Second  Peace  Conference. 
[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated: 

Austria-Hungary  November  27, 1909 

Belgium   August  8, 1910 

Bolivia    November  27, 1909 

Brazil    January  5,  1914 

Cuba   February  22,  1912 

Denmark  November  27, 1909 

France  October  7, 1910 

Germany  November  27, 1909 

Great  Britain November  27, 1909 

Guatemala  March  15, 1911 

Haiti   February  2, 1910 

Japan  December  13, 1911 

Luxemburg    September  5, 1912 

Mexico    November  27, 1909 

Netherlands   November  27, 1909 

Norway September  19, 1910 

Panama September  11, 1911 

Portugal April  13, 1911 

Roumania   March  1, 1912 

Russia November  27, 1909 

Salvador November  27, 1909 

Siam    March  12, 1910 

Sweden  November  27, 1909 

Switzerland  May  12,  1910 

United  States   November  27, 1909 


162  CONVENTION  IX  OF  1907 

Adhesions: 

China January  15,  1910 

Liberia    February  4,  1914 

Nicaragua   December  16,  1909 

Spain February  24,  1913 

The   following  Powers   signed  the  Convention  but  have   not  yet 
ratified : 

Argentine  Republic  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Servia 

Ecuador  Turkey 

Greece  Uruguay 

Italy  Venezuela 

Reservations:^ 
Chile 

Under  the  reservation  of  Article  3  made  at  the  fourth  plenary 
session  of  August  17. 

Extract  from  the  proces-verbal: 

The  delegation  of  Chile  makes  reservation  as  to  Article  3.^ 

France 

Under  reservation  of  the  second  paragraph  of  Article  1.^ 

Germany 

Under  reservation  of  Article  1,  paragraph  2} 

Great  Britain 

Under  reservation  of  the  second  paragraph  of  Article  1.^ 

Japan 

With  reservation  of  paragraph  2  of  Article  1.^ 


^All  these  reservations  were  made  at  signature. 

^Statement  of  Mr.  Domingo  Gana.    Actes  et  documents,  vol.  i,  p.  90. 

•''Reservation  maintained  at  ratification. 


THE  HAGUE  CONVENTIONS  OF  1899  (III)  AND  1907  (X)  FOR 

THE  ADAPTATION  TO  MARITIME  WARFARE  OF  THE 

PRINCIPLES  OF  THE  GENEVA  CONVENTION 


1899 

Convention  (HI)  for  the  adapta- 
tion to  maritime  warfare  of  the 
principles  of  the  Geneva  Con- 
vention of  August  22,  1864. — 
Signed  at  The  Hague,  July  29, 
1899. 


1907 

Convention  (X)  for  the  adapta- 
tion to  maritime  v^^arfare  of  the 
principles  of  the  Geneva  Con- 
vention.— Signed  at  The  Hague, 
October  18,  1907.^ 


His  Majesty  the  German  Em- 
peror, King  of  Prussia;  [etc.]  : 

Alike  animated  by  the  desire  to 
diminish,  as  far  as  depends  on 
them  the  evils  inseparable  from 
warfare,  and  wishing  with  this  ob- 
ject to  adapt  to  maritime  warfare 
the  principles  of  the  Geneva  Con- 
vention of  the  22d  August,  1864, 
have  decided  to  conclude  a  con- 
vention to  this  effect: 

They  have,  in  consequence,  ap- 
pointed as  their  plenipotentiaries, 
to  wit: 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  communication  of 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  on  the 
following  provisions : 


His  Majesty  the  German  Em- 
peror, King  of  Prussia ;  [etc.]  : 

Animated  alike  by  the  desire  to   convenHol 
diminish,   as    far  as   depends   on 
them,  the  inevitable  evils  of  war; 

And  wishing  with  this  object  to 
adapt  to  maritime  warfare  the 
principles  of  the  Geneva  Conven- 
tion of  the  6th  July,  /pod; 

Have  resolved  to  conclude  a 
Convention  for  the  purpose  of  re- 
vising the  Cottvention  of  the  sgth 
July,  i8pp,  relative  to  this  ques- 
tion, and  have  appointed  the  fol- 
lowing as  their  plenipotentiaries : 

[Here  follow  the  names  of 
plenipotentiaries.] 

Who,  after  having  deposited 
their  full  powers,  found  in  good 
and  due  form,  have  agreed  upon 
the  following  provisions : 


Plenipotentiaries. 


^Italics  indicate  differences  between  the  Conventions  of  1889  and  1907. 


164 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


Immunity  to 
military  hos- 
pital ships. 


Status  in 
neutral  ports. 


1899 
Article  1 

Military  hospital  ships,  that  is 
to  say,  ships  constructed  or  as- 
signed by  States  specially  and 
solely  for  the  purpose  of  assisting 
the  wounded,  sick  or  shipwrecked, 
and  the  names  of  which  shall  have 
been  communicated  to  the  bel- 
ligerent Powers  at  the  beginning 
or  during  the  course  of  hostilities, 
and  in  any  case  before  they  are 
employed,  shall  be  respected  and 
can  not  be  captured  while  hostil- 
ities last. 

These  ships,  moreover,  are  not 
on  the  same  footing  as  men-of- 
war  as  regards  their  stay  in  a 
neutral  port. 


1907 
Article  1 

Military  hospital  ships,  that  is 
to  say,  ships  constructed  or  as- 
signed by  States  specially  and 
solely  with  a  view  to  assisting  the 
wounded,  sick,  and  shipwrecked, 
the  names  of  which  have  been 
communicated  to  the  belligerent 
Powers  at  the  commencement  or 
during  the  course  of  hostilities, 
and  in  any  case  before  they  are 
employed,  shall  be  respected,  and 
can  not  be  captured  while  hostili- 
ties last. 

These  ships,  moreover,  are  not 
on  the  same  footing  as  war-ships 
as  regards  their  stay  in  a  neutral 
port. 


Exemption  to 
private  hos- 
pital ships. 


Certificate 
required. 


Article  2 

Hospital  ships,  equipped  wholly 
or  in  part  at  the  cost  of  private 
individuals  or  officially  recognized 
relief  societies,  shall  likewise  be 
respected  and  exempt  from  cap- 
ture, provided  the  belligerent 
Power  to  whom  they  belong  has 
given  them  an  official  commission 
and  has  notified  their  names  to  the 
hostile  Power  at  the  commence- 
ment of  or  during  hostilities,  and 
in  any  case  before  they  are  em- 
ployed. 

These  ships  should  be  furnished 
with  a  certificate  from  the  com- 
petent authorities,  declaring  that 
they  have  been  under  their  control 


Article  2 

Hospital  ships,  equipped  wholly 
or  in  part  at  the  expense  of  pri- 
vate individuals  or  officially  rec- 
ognized relief  societies,  shall  be 
likewise  respected  and  exempt 
from  capture,  if  the  belligerent 
Power  to  whom  they  belong  has 
given  them  an  official  commission 
and  has  notified  their  names  to 
the  hostile  Power  at  the  com- 
mencement of  or  during  hostili- 
ties, and  in  any  case  before  they 
are  employed. 

These  ships  must  be  provided 
with  a  certificate  from  the  com- 
petent authorities  declaring  that 
the  vessels  have  been  under  their 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       165 


1899  1907 

while  fitting  out  and  on  final  de-     control  while  fitting  out  and  on 
parture.  final  departure. 


Article  3 

Hospital  ships,  equipped  wholly 
'  or  in  part  at  the  cost  of  private 
individuals  or  officially  recognized 
societies  of  neutral  countries,  shall 
be  respected  and  exempt  from 
capture,  if  the  neutral  Power  to 
whom  they  belong  has  given  them 
an  official  commission  and  notified 
their  names  to  the  belligerent 
Powers  at  the  commencement  of 
or  during  hostilities,  and  in  any 
case  before  they  are  employed. 


/ 


Article  3 


Hospital  ships,  equipped  wholly  nemraf^  ^^*''*  "^ 
or  in  part  at  the  expense  of  pri- 
vate individuals  or  officially  recog- 
nized societies  of  neutral  coun- 
tries shall  be  respected  and 
exempt  from  capture,  on  condi- 
tion that  they  are  placed  under 
the  control  of  one  of  the  belliger- 
ents, with  the  previous  consent  of 
their  own  Government  and  with 
the  authorisation  of  the  belliger- 
ent himself,  and  that  the  latter  has 
notified  their  names  to  his  adver- 
sary at  the  commencement  of  or 
during  hostilities,  and  in  any  case, 
before  they  are  employed. 


Article  4 

The  ships  mentioned  in  Articles 
1,  2  and  3  shall  afford  relief  and 
assistance  to  the  wounded,  sick, 
and  shipwrecked  of  the  belliger- 
ents independently  of  their  nation- 
ality. 

The  Governments  engage  not  to 
use  these  ships  for  any  militar}'- 
purpose. 

These  ships  must  not  in  any 
way  hamper  the  movements  of 
the  combatants. 

During  and  after  an  engage- 
ment they  will  act  at  their  own 
risk  and  peril. 


Article  4 

The  ships  mentioned  in  Articles 
1,  2,  and  3  shall  aflFord  relief  and 
assistance  to  the  wounded,  sick, 
and  shipwrecked  of  the  belliger- 
ents without  distinction  of  nation- 
ality. 

The  Governments  undertake  not 
to  use  these  ships  for  any  military 
purpose. 

These  vessels  must  in  no  wise 
hamper  the  movements  of  the 
combatants. 

During  and  after  an  engage- 
ment they  will  act  at  their  own 
risk  and  peril. 


Relief  to 

all  belligerents. 


Use  confined. 


Restrictions. 


Risks  assumed. 


166  CONVENTIONS  III  OF  1899  AND  X  OF  1907 

1899  1907 
^imgfrentc  ^^6  belligerents  will  have  the  The  belligerents  shall  have  the 
right  to  control  and  visit  them;  right  to  control  and  search  them; 
they  can  refuse  to  help  them,  they  can  refuse  to  help  them, 
order  them  off,  make  them  take  order  them  off,  make  them  take  a 
a  certain  course,  and  put  a  com-  certain  course,  and  put  a  com- 
missioner on  board ;  they  can  even  missioner  on  board ;  they  can  even 
detain  them,  if  important  circum-  detain  them,  if  important  circum- 
stances require  it.  stances  require  it. 
Log  entries.  ^g  £^j.  ^g  possible  the  belligcr-  As  far  as  possible,  the  belliger- 
ents shall  inscribe  in  the  sailing  ents  shall  enter  in  the  log  of  the 
papers  of  the  hospital  ships  the  hospital  ships  the  orders  which 
orders  they  give  them.  they  give  them. 

Article  5  Article  5 

^lors  to  be'^ed        ^^^  military  hospital  ships  shall  Military  hospital  ships  shall  be 

be  distinguished  by  being  painted  distinguished    by    being    painted 

white    outside   with   a   horizontal  white   outside   with   a   horizontal 

band  of  green  about  a  meter  and  band  of  green  about  a  meter  and 

a  half  in  breadth.  a  half  in  breadth. 

The  ships  mentioned  in  Articles  The  ships  mentioned  in  Articles 

2  and  3  shall  be  distinguished  by  2  and  3  shall  be  distinguished  by 

being  painted  white  outside  with  being  painted  white  outside  with  a 

a  horizontal  band  of  red  about  a  horizontal   band   of   red   about   a 

meter  and  a  half  in  breadth.  meter  and  a  half  in  breadth. 

Boats,  etc.               The  boats  of  the  ships  above  The  boats  of  the  ships  above 

mentioned,    as    also    small    craft  mentioned,    as    also    small    craft 

which  may  be  used  for  hospital  which  may  be  used  for  hospital 

work,    shall    be    distinguished   by  work,    shall    be    distinguished    by 

similar  painting.  similar  painting. 

Flags.                    All    hospital    ships    shall   make  All   hospital    ships    shall   make 

themselves  known  by  hoisting,  to-  themselves    known    by    hoisting, 

gether   with   their   national    flag,  with  their  national  flag,  the  white 

the  white  flag  with  a  red   cross  flag  with  a  red  cross  provided  by 

provided  by  the  Geneva  Conven-  the  Geneva  Convention,^  and  fur- 

tion.  ther,  if  they  belong  to  a  neutral 

State,  by  Hying  at  the  mainmast 
the  national  Hag  of  the  belligerent 


^See  the  reservations  of  Persia  and  Turkey,  post,  p.  181. 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       167 

1899  1907 

under  whose  control  they  are 
placed. 

Hospital     ships     which,     in     the    Ships  detained. 

terms  of  Article  4,  are  detained  by 
the  enemy  must  haul  down  the 
national  flag  of  the  belligerent  to 
whom  they  belong. 

The  ships  and  boats  above  men-   Protection 

^,  _  at  night. 

tioned  zvhich  wish  to  ensure  by 
night  the  freedom  from  interfer- 
ence to  which  they  are  entitled, 
must,  subject  to  the  assent  of  tlie 
belligerent  they  are  accompany- 
ing, take  the  necessary  measures 
to  render  their  special  painting 
sufficiently  plain. 

Article  6^ 

The    distinguishing    signs    re-   Use  of 
f  erred  to  in  Article  5  can  only  be  signs  restricted. 
used,  ivhether  in  time  of  peace  or 
war,  for  protecting  or  indicating 
the  ships  therein  mentioned. 

Article  7 
In  the  case  of  a  fight  on  board  a  Sick  wards 

J  ^  on  war-ships. 

war-ship,  the  sick  wards  shall  be 
respected  and  spared  as  far  as 
possible. 

The  said  sick   wards  and   the  Use  of 

materiel,  etc. 

materiel  belonging  to  them  remain 
subject  to  the  laws  of  war;  they 
can  not,  hotuever,  be  used  for  any 
purpose  other  than  that  for  which 
they  were  originally  intended,  so 
long  as  they  are  required  for  th^ 
sick  and  wounded. 


^Great  Britain  made  reservation  of  this  article. 


168 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Military 

necessities. 


1907 

The  commander,  however,  into 
whose  power  they  have  fallen  may 
apply  them  to  other  purposes,  if 
the  military  situation  requires  it, 
after  seeing  that  the  sick  and 
wounded  on  hoard  are  properly 
provided  for. 


Withdrawal 
of  protection. 


Permissive 

use  of  arms,  etc. 


Article  8 

Hospital  ships  and  sick  "wards 
of  vessels  are  no  longer  entitled  to 
protection  if  they  are  employed 
for  the  purpose  of  injuring  the 
enemy. 

The  fact  of  the  staff  of  the  said 
ships  and  sick  wards  being  armed 
for  maintaining  order  and  for  de- 
fending the  sick  and  wounded, 
and  the  presence  of  wireless  teleg- 
raphy apparatus  on  board,  is  not 
a  sufficient  reason  for  withdraw- 
ing protection. 


Care  on 
neutral  ships. 


Protection 
accorded. 


Article  6 

Neutral  merchantmen,  yachts, 
or  vessels,  having,  or  taking  on 
board,  sick,  wounded,  or  ship- 
wrecked of  the  belligerents,  can 
not  be  captured  for  so  doing,  but 
they  are  liable  to  capture  for  any 
violation  of  neutrality  they  may 
have  committed. 


Article  9 

Belligerents  may  appeal  to  the 
charity  of  the  commanders  of 
neutral  merchant  ships,  yachts,  or 
boats  to  take  on  board  and  tend 
the  sick  and  wounded. 

Vessels  responding  to  this  ap- 
peal, and  also  vessels  which  have 
of  their  own  accord  rescued  sick, 
wounded,  or  shipwrecked  men, 
shall  enjoy  special  protection  and 
certain  immunities.  In  no  case 
can  they  be  captured  for  having 
such  persons  on  board,  but,  apart 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       169 


1899 


1907 

from  special  undertakings  that 
have  been  made  to  them,  they  re- 
main liable  to  capture  for  any 
violations  of  neutrality  they  may 
have  committed. 


Article  7 

The  religious,  medical,  or  hos- 
pital staff  of  any  captured  ship  is 
inviolable,  and  its  members  can 
not  be  made  prisoners  of  war.  On 
leaving  the  ship  they  take  with 
them  the  objects  and  surgical  in- 
struments which  are  their  own 
private  property. 

This  staff  shall  continue  to  dis- 
charge its  duties  while  necessary, 
and  can  afterwards  leave  when  the 
commander-in-chief  considers  it 
possible. 

The  belligerents  must  guaran- 
tee to  the  staff  that  has  fallen  into 
their  hands  the  enjoyment  of  their 
salaries  intact. 


Article  10 
The  religious,  medical,  and  hos-   immunity 

°  '  '  of  medical, 

pital  staff  of  any  captured  ship  is  etc.,  stag. 
inviolable,  and  its  members  can 
not  be  made  prisoners  of  war.  On 
leaving  the  ship  they  take  away 
with  them  the  objects  and  surgical 
instruments  which  are  their  own 
private  property. 

This   staff  shall  continue  to  dis-     Perjormance 

of  duties. 

charge  its  duties  while  necessary, 
and   can   afterwards   leave,   when 
the  commander-in-chief  considers 
it  possible. 
The  belligerents  must  guarantee   P,?y  ^"<^ 

^  *-*  allowances. 

to  the  said  staff,  when  it  has  fal- 
len into  their  hands,  the  same  al- 
lowances afid  pay  which  are  given 
to  the  staff  of  corresponding  rank 
in  their  own  navy. 


Article  8 


Article  11 


Sailors  and  soldiers  on  board,   ^^,''^,°*^®" 

'     abled  prisoners. 


Sailors  and  soldiers  who  are 
taken  on  board  when  sick  or  when  sick  or  wounded,  as  zvell  as 
wounded,  to  whatever  nation  they  other  persons  ofHcially  attached  to 
belong,  shall  be  protected  and  Heets  or  armies,  whatever  their 
looked  after  by  the  captors.  nationality,  shall  be  respected  and 

tended  by  the  captors. 


170 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Transfer  of 
sick,  etc., 
to  war-ships. 


1907 

Article  12^ 

Any  war-ship  belonging  to  a 
belligerent  may  demand  that  sick, 
wounded,  or  shipwrecked  men  on 
board  military  hospital  ships,  hos- 
pital ships  belonging  to  relief  so- 
cieties or  to  private  individuals, 
merchant  ships,  yachts,  or  boats, 
ivhatever  the  nationality  of  these 
vessels,  should  be  handed  over. 


Care  of  sick, 
etc.,  on  neutral 
war-ships. 


Article  13 

"^  If  sick,  wounded,  or  ship- 
wrecked persons  are  taken  on 
board  a  neutral  war-ship,  every 
possible  precaution  must  be  taken 
that  they  do  not  again  take  part 
in  the  operations  of  the  war. 


Disposition  of 
captured  sick, 
etc.,  belligerents. 


Article  9 

The  shipwrecked,  wounded,  or 
sick  of  one  of  the  belligerents  who 
fall  into  the  hands  of  the  other,  are 
prisoners  of  war.  The  captor 
must  decide,  according  to  circum- 
stances, if  it  is  best  to  keep  them 
or  send  them  to  a  port  of  his  own 
country,  to  a  neutral  port,  or  even 
to  a  hostile  port.  In  the  last  case, 
prisoners  thus  repatriated  can  not 
serve  as  long  as  the  war  lasts. 


Article  14 

The  shipwrecked,  wounded,  or 
sick  of  one  of  the  belligerents  who 
fall  into  the  power  of  the  other 
belligerent  are  prisoners  of  war. 
The  captor  must  decide,  according 
to  circumstances,  whether  to  keep 
them,  send  them  to  a  port  of  his 
own  country,  to  a  neutral  port,  or 
even  to  an  enemy  port.  In  this  last 
case,  prisoners  thus  repatriated 
cannot  serve  again  while  the  war 
lasts. 


^See  the  declaration  of  Great  Britain  respecting  this  article,  post,  p.  181. 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       171 


1899 

Article  10^ 

[The  shipwrecked,  wounded,  or 
sick,  who  are  landed  at  a  neutral 
port  with  the  consent  of  the  local 
authorities,  must,  failing  a  con- 
trary arrangement  between  the 
neutral  State  and  the  belligerents, 
be  guarded  by  the  neutral  State,  so 
that  they  can  not  again  take  part 
in  the  military  operations. 

The  expenses  of  tending  them 
in  hospital  and  internment  shall  be 
borne  by  the  State  to  which  the 
shipwrecked,  wounded,  or  sick 
belong.] 


/ 


1907 

Article  15= 


or    Care   in 

neutral  ports. 


The  shipwrecked,  sick, 
wounded,  who  are  landed  at  a 
neutral  port  with  the  consent  of 
the  local  authorities,  must,  unless 
an  arrangement  is  made  to  the 
contrary  between  the  neutral 
State  and  the  belligerent  States, 
be  guarded  by  the  neutral  State  so 
as  to  prevent  them  again  taking 
part  in  the  operations  of  the  zvar. 

The  expenses  of  tending  them  in  Expenses. 
hospital  and  interning  them  shall 
be  borne  by  the  State  to  which  the 
shipwrecked,    sick,    or    wounded 
persons  belong. 


Article  16 

After  every  engagement,  the  Protection 
two  belligerents,  so  far  as  military  pji'age,  etc. 
interests  permit,  shall  take  steps 
to  look  for  the  shipwrecked,  sick, 
and  wounded,  and  to  protect  thern, 
as  ivell  as  the  dead,  against  pillage 
and  ill-treatment. 

They  shall  see  that  the  burial, 
whether  by  land  or  sea,  or  crema- 
tion of  the  dead  shall  be  preceded 
by  a  careful  examination  of  the 
corpse. 


Burials. 


Article  17 
Each  belligerent  shall  send,  as  identification 

'^  .  .         of  dead,  etc. 

early  as  possible,  to  the  authorities 


iThis  article  was  excluded.    See  post,  p.  179,  under  Reservations. 
2In  the  original  French  this  article  is  identical  with  the  excluded  Article  10 
of  the  1899  Convention. 


172 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Record  of 
captures,  etc. 


Objects  of 
personal  use,  etc. 


1907 
of  their  country,  navy,  or  army 
the  military  marks  or  documents 
of  identity  found  on  the  dead  and 
the  description  of  the  sick  and 
wounded  picked  up  by  him. 

The  belligerents  shall  keep  each 
other  informed  as  to  internments 
and  transfers  as  well  as  to  the  ad- 
missions into  hospitals  and  deaths 
which  have  occurred  among  the 
sick  and  wounded  in  their  hands. 
They  shall  collect  all  the  objects 
of  personal  use,  valuables,  letters, 
etc.,  which  are  found  in  the  cap- 
tured ships,  or  which  have  been 
left  by  the  sick  or  wounded  who 
died  in  hospital,  in  order  to  have 
them  forwarded  to  the  persons 
concerned  by  the  authorities  of 
their  own  country. 


Article  11 

Powers  bound.  The  rulcs  Contained  in  the  above 

articles  are  binding  only  on  the 
contracting  Powers,  in  case  of 
war  between  two  or  more  of  them. 
The  said  rules  shall  cease  to  be 
binding  from  the  time  when,  in  a 
war  between  the  contracting 
Powers,  one  of  the  belligerents  is 
joined  by  a  non-contracting 
Power. 


Article  18 

The  provisions  of  the  present 
Convention  do  not  apply  except 
between  contracting  Powers,  and 
then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 


Duties  of  fleet 
commanders. 


Article  19 

The  commanders-in-chief  of  the 
belligerent  iieets  must  see  thut  the 
above  articles  ara  properly  carried 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       173 

1899  1907 

out;  they  will  have  also  to  see  to 
cases  not  covered  thereby,  in  ac- 
cordance with  the  instructions  of 
their  respective  Governments  and 
in  conformity  with  the  general 
principles  of  the  present  Conven- 
tion. 

Article  20 

The  signatory  Powers  shall  take  of  "p^oSJns. 
the  necessary  measures  for  bring- 
ing the  provisions  of  the  present 
Convention  to  the  knowledge  of 
their  naval  forces,  and  especially 
of  the  members  entitled  there- 
under to  immunity,  and  for  ma- 
king them  known  to  the  public. 

Article  2P 

The  signatory  Powers  likewise  beSmmen°ded. 
undertake  to  enact  or  to  propose 
to  their  legislatures,  if  their  crim- 
inal laws  are  inadequate,  the 
measures  necessary  for  checking 
in  time  of  war  individual  acts  of 
pillage  and  ill-treatment  in  respect 
to  the  sick  and  wounded  in  tJie 
fleet,  as  well  as  for  punishing,  as 
an  unjustifiable  adoption  of  naval 
or  military  marks,  the  unauthor- 
ised use  of  the  distinctive  marks 
mentioned  in  Article  5  by  vessels 
not  protected  by  the  present  Con- 
vention. 

They  will  communicate  to  each  ^f°J^™s""n/Jted 
other,     through     the    Netherland 
Government,   the  enactments  for 


^China  and  Great  Britain  made  reservation  of  this  article. 


174 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


1907 

preventing  such  acts  at  the  latest 
within  five  years  of  the  ratifica- 
tion of  the  present  Convention. 


Application  only 

to  forces 

on  board  ship. 


Article  22 

In  the  case  of  operations  of  war 
between  the  land  and  sea  forces  of 
belligerents,  the  provisions  of  the 
present  Convention  do  not  apply 
except  between  the  forces  actually 
on  board  ship. 


Ratification. 


Deposit  at 
The  Hague. 


Communication 
to  other  Powers. 


Article  12 

The  present  Convention  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Hague. 


On  the  receipt  of  each  ratifica- 
tion a  proces-verbal  shall  be  drawn 
up,  a  copy  of  which,  duly  certi- 
fied, shall  be  sent  through  the  dip- 
lomatic channel  to  all  the  contract- 
ing Powers. 


Article  2Z 

The  present  Convention  shall  be 
ratified  as  soon  as  possible. 

The  ratifications  shall  be  depos- 
ited at  The  Hague. 

The  first  deposit  of  ratifications 
shall  be  recorded  in  a  proces- 
verbal  signed  by  the  representa- 
tives of  the  Powers  taking  part 
therein  and  by  the  Netherland 
Minister  for  Foreign  Affairs. 

Subsequent  deposits  of  ratifi- 
cations shall  be  tnade  by  means  of 
a  written  notification  addressed  to 
the  Netherland  Government  and 
accompanied  by  the  instrument  of 
ratification. 

A  certified  copy  of  the  proces- 
verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifica- 
tions mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  in- 
struments of  ratification,  shall  be 
at  once  sent  by  the  Netherland 
Government    through    the    diplo- 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       175 


1899 


1907 
matic  channel  to  the  Powers  in- 
vited to  the  Second  Peace  Con- 
ference, as  well  as  to  the  other 
powers  which  have  adhered  to 
the  Convention.  In  the  cases 
contemplated  in  the  preceding 
paragraph  the  said  Government 
shall  inform  them  at  the  same 
time  of  the  date  on  which  it  re- 
ceived the  notification. 


Article  13 

The  non-signatory  Powers  who 
accepted  the  Geneva  Convention 
of  the  22d  August,  1864,  are  al- 
lowed to  adhere  to  the  present 
Convention, 

For  this  purpose  they  must 
make  their  adhesion  known  to  the 
contracting  Powers  by  means  of  a 
written  notification  addressed  to 
the  Netherland  Government,  and 
by  it  communicated  to  all  the 
other  contracting  Powers. 


Article  24 
Non-signatory     Powers     which   Adhesion  of 

°  -^  non-signatory 

have   accepted   the   Geneva   Con-   Powers, 
vention  of  the  6th  July,  ipo6,  may 
adhere  to  the  present  Convention, 

The  Power  zvhich  desires  to  ad-  J'^Sl'^. 
here  notifies  its  intention  to  the 
Netherland  Government  in  zvri- 
ting,  fonvarding  to  it  the  act  of 
adhesion,  which  shall  he  depos- 
ited in  the  archives  of  the  sadd 
Government. 

The  said   Government  shall  at   Communication 

to  other  Jrowers. 

once  transmit  to  all  the  other 
Pozvers  a  didy  certified  copy  of 
the  notification  as  well  as  of  the 
act  of  adhesion,  mentioning  the 
date  on  which  it  received  the 
notification. 


Article  25 

The   present   Convention,   didy  J°S  fenced. 
ratified,  shall  replace  as  between 
contracting  Powers,  the  Conven- 
tion of  the  2pth  Jidy,   i8pg,  for 


176 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


1899 


Continuance 
of  former 
Convention. 


]907 

the  adaptation  to  maritime  war- 
fare of  the  principles  of  the 
Geneva  Convention. 

The  Convention  of  iSpp  re- 
mains in  force  as  between  the 
Powers  which  signed  it  but  which 
do  not  also  ratify  the  present 
Convention. 


Effect  of 
ratification. 


Article  26 

The  present  Convention  shall 
come  into  force,  in  the  case  of  the 
Pozvers  which  were  a  party  to  the 
first  deposit  of  ratifications,  sixty 
days  after  the  date  of  the  proces- 
verbal  of  this  deposit,  and,  in  the 
case  of  the  Powers  which  ratify 
subsequently  or  which  adhere, 
sixty  days  after  the  notification  of 
their  ratification  or  of  their  ad- 
hesion has  been  received  by  the 
Netherland  Government. 


Denunciation. 


Notifying  Powei 
only  affected. 


Article  14 

In  the  event  of  one  of  the  high 
contracting  Parties  denouncing 
the  present  Convention,  such  de- 
nunciation shall  not  take  effect 
until  a  year  after  the  notification 
made  in  writing  to  the  Nether- 
land Government,  and  forthwith 
communicated  by  it  to  all  the 
other  contracting  Powers. 


This    denunciation    shall    only 
affect  the  notifying  Power. 


Article  27 

In  the  event  of  one  of  the  con- 
tracting Powers  wishing  to  de- 
nounce the  present  Convention, 
the  denunciation  shall  be  notified 
in  writing  to  the  Netherland  Gov- 
ernment, which  shall  at  once 
communicate  a  duly  certified 
copy  of  the  notification  to  all  the 
other  Powers,  informing  them  at 
the  same  time  of  the  date  on 
zvhich  it  was  received. 

The  denunciation  shall  only 
have  effect  in  regard  to  the  noti- 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       1  "77 


1899 


1907 

fying  Power,  and  one  year  after 
the  notification  has  reached  the 
Netherland  Government. 


Article  28 
A  register  kept  hy  the  Nether-  Register  of 

I       J    71  r  •    •  r         r-         •  ratifications. 

land  Ministry  for  Foreign  Affairs 
shall  give  the  date  of  the  deposit 
of  ratifications  made  in  virtue  of 
Article  2^,  paragraphs  s  c^wrf  4,  as 
zvell  as  the  date  on  which  the  no- 
tifications of  adhesion  (Article 
24,  paragraph  2)  or  of  denuncia- 
tion (Article  27,  paragraph  i) 
have  been  received. 

Each  contracting  Power  is  en- 
titled to  Jmve  access  to  this  regis- 
ter and  to  be  supplied  zvith  duly 
certified  extracts  from  it. 


In  testimony  whereof  the  re- 
spective plenipotentiaries  have 
signed  the  present  Convention 
and  affixed  their  seals  thereto. 

Done  at  The  Hague  the  29th 
July,  1899,  in  single  copy,  which 
shall  be  kept  in  the  archives  of 
the  Government  of  the  Nether- 
lands, and  copies  of  which  duly 
certified,  shall  be  sent  through  the 
diplomatic  channel  to  the  con- 
tracting Powers. 


[Here  follow  signatures.] 


Deposit 
of  original. 


In   faith  whereof  the  plenipo-   Signing 
tentiaries    have    appended    their 
signatures  to  the  present  Conven- 
tion. 

Done  at  The  Hague,  the  i8th 
October,  1907,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  Powers  which  have  been 
invited  to  the  Second  Peace  Con- 
ference. 

[Here  follow  signatures.] 


178  CONVENTIONS  III  OF  1899  AND  X  OF  1907 

RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  1899  Convention  was  ratified  by  all  the  signatory  Powers  on  the 
dates  indicated: 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

China November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4,  1900 

Great  Britain September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

Norway  (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal September  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 

Servia May  11,  1901 

Siam September  4,  1900 

Spain September  4,  1900 

Sweden  and  Norway September  4,  1900 

Switzerland December  29,  1900 

Turkey June  12,  1907 

United  States September  4,  1900 


Adhesions: 

Argentine  Republic June  17,  1907 

Bolivia February  7,  1907 

Brazil February  25,  1907 

Chile June  19,  1907 

Colombia January  30,  1907 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION       1 79 


Cuba June  29 

Dominican  Republic June  29 

Ecuador August  5 

Guatemala April  6 

Haiti June  29 

Honduras August  21 

Korea February  7 

Nicaragua May  17 

Panama July  22 

Paraguay June  29 

Peru November  24 

Salvador June  20 

Uruguay June  21 

Venezuela March  1 


1907 
1907 
1907 
1903 
1907 
1906 
1903 
1907 
1907 
1907 
1903 
1902 
1906 
1907 


Reservations: 

Germany,  Great  Britain,  Turkey  and  United  States  signed  with 
reservation  of  Article  10.  It  was  subsequently  agreed,  on  an 
understanding  reached  by  the  Government  of  the  Netherlands 
with  the  signatory  Powers,  to  exclude  Article  10  from  all 
ratifications  of  the  Convention.^ 


The    1907    Convention   was   ratified   by   the    following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Bolivia November  27,  1909 

Brazil January  5,  1914 

China November  27,  1909 

Cuba February  22,  1912 

Denmark November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 

Guatemala March  15,  1911 


lU.  S.  Statutes  at  Large,  vol.  32,  p.  1837. 


180 


CONVENTIONS  III  OF  1899  AND  X  OF  1907 


Haiti February  2 

Japan December  13 

Luxemburg September  5 

Mexico November  27 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 

Roumania March  1 

Russia November  27 

Salvador November  27, 

Siam March  12 

Spain March  18 

Sweden July  13 

Switzerland May  12 

United  States November  27 


1910 
1911 
1912 
1909 
1909 
1910 
1911 
1911 
1912 
1909 
1909 
1910 
1913 
1911 
1910 
1909 


Adhesion: 

Nicaragua 


.December  16,  1909 


The   following   Powers   signed  the   Convention  but  have  not  yet 


ratified : 

Argentine  Republic 

Bulgaria 

Chile 

Colombia 

Dominican  Republic 

Ecuador 

Great  Britain 

Greece 

Italy 


Montenegro 

Paraguay 

Persia 

Peru 

Servia 

Turkey 

Uruguay 

Venezuela 


i^J 


Reservations:^ 
China 

Under  reservation  of  Article  21.' 


lAll  these  reservations  were  made  at  signature. 
^Reservation  maintained  at  ratification. 


MARITIME  WARFARE  AND  THE  GENEVA  CONVENTION     181 

Great  Britain 

Under  reservation  of  Articles  6  and  21  and  of  the  following 

declaration : 

In  affixing  their  signatures  to  the  above  Convention,  the 
British  plenipotentiaries  declare  that  His  Majesty's  Government 
understand  Article  12  to  apply  only  to  the  case  of  combatants 
rescued  during  or  after  a  naval  engagement  in  which  they  have 
taken  part. 

Persia 

Under  reservation  of  the  right,  admitted  by  the  Conference, 
to  use  the  Lion  and  Red  Sun  instead  of  and  in  the  place  of 
the  Red  Cross. 

Turkey 

Under  reservation  of  the  right  admitted  by  the  Peace  Con- 
ference to  use  the  Red  Crescent. 


Purpose  of 
Convention. 


Plenipotentiaries. 


CONVENTION   (XI)  RELATIVE  TO  CERTAIN   RESTRICTIONS  WITH 
REGARD  TO  THE  EXERCISE  OF  THE  RIGHT  OF  CAPTURE 

IN   NAVAL  WAR 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Recognizing  the  necessity  of  more  effectively  ensuring  than  hitherto 
the  equitable  application  of  law  to  the  international  relations  of  mari- 
time Powers  in  time  of  war; 

Considering  that,  for  this  purpose,  it  is  expedient,  in  giving  up  or, 
if  necessary,  in  harmonizing  for  the  common  interest  certain  conflict- 
ing practices  of  long  standing,  to  commence  codifying  in  regulations 
of  general  application  the  guarantees  due  to  peaceful  commerce  and 
legitimate  business,  as  well  as  the  conduct  of  hostilities  by  sea ;  that  it 
is  expedient  to  lay  down  in  written  mutual  engagements  the  principles 
which  have  hitherto  remained  in  the  uncertain  domain  of  controversy 
or  have  been  left  to  the  discretion  of  Governments ; 

That,  from  henceforth,  a  certain  number  of  rules  may  be  made, 
without  affecting  the  common  law  now  in  force  with  regard  to  the 
matters  which  that  law  has  left  unsettled; 

Have  appointed  the  following  as  their  plenipotentiaries : 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions : 


Postal 
correspondence. 


Inviolable  on 
high  seas. 


Forwarding  fron- 
captured  ships. 


Chapter  I. — Postal  Correspondence 

Article  1 

The  postal  correspondence  of  neutrals  or  belligerents,  whatever  its 
official  or  private  character  may  be,  found  on  the  high  seas  on  board 
a  neutral  or  enemy  ship,  is  inviolable.  If  the  ship  is  detained,  the 
correspondence  is  forwarded  by  the  captor  with  the  least  possible 
delay. 


RESTRICTIONS  ON  CAPTURE  IN  NAVAL  WAR  183 

The  provisions  of  the  preceding  paragraph  do  not  apply,  in  case  blockaded  ports, 
of  violation  of  blockade,  to  correspondence  destined  for  or  proceeding 
from  a  blockaded  port. 

Article  2 

The  inviolability  of  postal  correspondence  does  not  exempt  a  neutral  ^gn^shi  s 
mail  ship  from  the  laws  and  customs  of  maritime  war  as  to  neutral 
merchant  ships  in  general.     The  ship,  however,  may  not  be  searched 
except  when  absolutely  necessary,  and  then  only  with  as  much  con- 
sideration and  expedition  as  possible. 

Chapter  II. — The  Exemption  from  Capture  of  Certain  Vessels       ^irom^ialtn^^^ 

Article  3 

Vessels  used  exclusively  for  fishing  along  the  coast  or  small  boats  Fishing  vessels 
employed  in  local  trade  are  exempt  from  capture,  as  well  as  their  ^°^^^  trade, 
appliances,  rigging,  tackle,  and  cargo. 

They  cease  to  be  exempt  as  soon  as  they  take  any  part  whatever  in 
hostilities. 

The  contracting  Powers  agree  not  to  take  advantage  of  the  harm-  forb-jd^n^^ 
less  character  of  the  said  vessels  in  order  to  use  them  for  military 
purposes  while  preserving  their  peaceful  appearance. 

Article  4 

Vessels  charged  with  religious,  scientific,  or  philanthropic  missions  f^}^^l°^^' 
are  likewise  exempt  from  capture.  ^"=' vessels. 

Chapter  III. — Regulations  Regarding  the  Crews  of  Enemy  Merchant  me?cham  ships 

Ships  Captured  by  a  Belligerent 

Article  5 

When  an  enemy  merchant  ship  is  captured  by  a  belligerent,  such  of  ^e^°|n]°"  °^ 
its  crew  as  are  nationals  of  a  neutral  State  are  not  made  prisoners  °^^m{^^ 
of  war. 

The  same  rule  applies  in  the  case  of  the  captain  and  officers  likewise 
nationals  of  a  neutral  State,  if  they  promise  formally  in  writing  not  to 
serve  on  an  enemy  ship  while  the  war  lasts. 


184 


CONVENTION  XI  OF  1907 


Conditional 
release  of 
officers  and 
£rews,if  enemies. 


Article  6 

The  captain,  officers,  and  members  of  the  crew,  when  nationals  of 
the  enemy  State,  are  not  made  prisoners  of  war,  on  condition  that  they 
make  a  formal  promise  in  writing,  not  to  undertake,  while  hostilities 
last,  any  service  connected  with  the  operations  of  the  war. 


Notification 
by  captors. 


Article  7 

The  names  of  the  persons  retaining  their  liberty  under  the  conditions 
laid  down  in  Article  5,  paragraph  2,  and  in  Article  6,  are  notified  by 
the  belligerent  captor  to  the  other  belligerent.  The  latter  is  forbidden 
knowingly  to  employ  the  said  persons. 


Ships  not 
included. 


Article  8 

The  provisions  of  the  three  preceding  articles  do  not  apply  to  ships 
taking  part  in  the  hostilities. 


Powers  bound. 


Chapter  IV. — Final  Provisions 

Article  9 

The  provisions  of  the  present  Convention  do  not  apply  except  be- 
tween contracting  Powers,  and  then  only  if  all  the  belligerents  are 
parties  to  the  Convention. 


Ratification. 

Deposit  at 
The  Hague. 


Certified  copies 
to  contracting 
Powers. 


Article  10 

The  present  Convention  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proc^s-verbal 
signed  by  the  representatives  of  the  Powers  taking  part  therein  and 
by  the  Netherland  Minister  for  Foreign  Affairs. 

Subsequent  deposits  of  ratifications  shall  be  made  by  means  of  a 
written  notification,  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verbal  relative  to  the  first  deposit 
of  ratifications,  of  the  notifications  mentioned  in  the  preceding  para- 
graph, as  well  as  of  the  instruments  of  ratification,  shall  be  at  once  sent 
by  the  Netherland  Government,  through  the  diplomatic  channel,  to  the 


RESTRICTIONS  ON  CAPTURE  IN  NAVAL  WAR  185 

Powers  invited  to  the  Second  Peace  Conference,  as  well  as  to  the  other 
Powers  which  have  adhered  to  the  Convention.  In  the  cases  contem- 
plated in  the  preceding  paragraph,  the  said  Government  shall  inform 
them  at  the  same  time  of  the  date  on  which  it  received  the  notification. 

Article  11 

Non-signatory  Powers  may  adhere  to  the  present  Convention.  nolvsl^nafor* 

The  Power  which  desires  to  adhere  notifies  its  intention  in  writing  Powers. 
to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhesion,    Notification 

.  of  intent. 

which  shall  be  deposited  in  the  archives  of  the  said  Government. 

This  Government  shall  at  once  transmit  to  all  the  other  Powers  a   Communication 

to  other  Powers. 

duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
mentioning  the  date  on  which  it  received  the  notification. 

Article  12 

The  present  Convention  shall  come  into  force  in  the  case  of  the  fa^ffica°fon 
Powers  which  were  a  party  to  the  first  deposit  of  ratifications,  sixty 
days  after  the  proces-verbal  of  that  deposit,  and,  in  the  case  of  the 
Powers  which  ratify  subsequently  or  which  adhere,  sixty  days  after 
the  notification  of  their  ratification  has  been  received  by  the  Nether- 
land Government. 

Article  13 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce  Denunciation, 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing  to 
the  Netherland  Government,  which  shall  at  once  communicate  a  duly 
certified  copy  of  the  notification  to  all  the  other  Powers  informing  them 
of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying  on°iya^ffelted*^*^ 
Power,  and  one  year  after  the  notification  has  reached  the  Netherland 
Government. 

Article  14 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  Affairs  fa^tffica^t^o°is 
shall  give  the  date  of  the  deposit  of  ratifications  made  in  virtue  of 
Article  10,  paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifi- 
cations of   adhesion    (Article   11,   paragraph  2)    or  of   denunciation 
(Article  13,  paragraph  1)  have  been  received. 


186 


CONVENTION  XI  OF  1907 


Signing. 


Deposit 
of  original. 


Each  contracting  Power  is  entitled  to  have  access  to  this  register 
and  to  be  supplied  with  duly  certified  extracts  from  it. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Brazil January  5,  1914 

Denmark November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 

Great  Britain November  27,  1909 

Guatemala March  15,  1911 

Haiti February  2,  1910 

Japan December  13,  191 1 

Luxemburg September  5,  1912 

Mexico November  27,  1909 

Netherlands November  27,  1909 

Norway September  19,  1910 

Panama September  11,  1911 

Portugal April  13,  1911 

Roumania March  1,  1912 

Salvador November  27,  1909 

Siam March  12,  1910 

Spain March  18,  1913 

Sweden November  27,  1909 

Switzerland May  12,  1910 

United  States November  27,  1909 


RESTRICTIONS  ON  CAPTURE  IN  NAVAL  WAR 


187 


Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 


The   following   Powers   signed   the   Convention  but  have   not  yet 


ratified : 

Argentine  Republic 

Bolivia 

Bulgaria 

Chile 

Colombia 

Cuba 

Dominican  Republic 

Ecuador 

Greece 


Italy 

Paraguay 

Persia 

Peru 

Servia 

Turkey 

Uruguay 

Venezuela 


Reservations:  none. 


Purpose  of 
Convention. 


Plenipo- 
tentiaries. 


CONVENTION  (XII)  RELATIVE  TO  THE  CREATION  OF  AN  INTER- 
NATIONAL PRIZE  COURT 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty,  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

Animated  by  the  desire  to  settle  in  an  equitable  manner  the  differ- 
ences which  sometimes  arise  in  the  course  of  a  naval  war  in  connec- 
tion with  the  decisions  of  national  prize  courts; 

Considering  that,  if  these  courts  are  to  continue  to  exercise  their 
functions  in  the  manner  determined  by  national  legislation,  it  is  de- 
sirable that  in  certain  cases  an  appeal  should  be  provided  under  con- 
ditions conciHating,  as  far  as  possible,  the  public  and  private  inter- 
ests involved  in  matters  of  prize ; 

Whereas,  moreover,  the  institution  of  an  International  Court,  whose 
jurisdiction  and  procedure  would  be  carefully  defined,  has  seemed  to  be 
the  best  method  of  attaining  this  object; 

Convinced,  finally,  that  in  this  manner  the  hardships  consequent  on 
naval  war  would  be  mitigated;  that,  in  particular,  good  relations  will 
be  more  easily  maintained  between  belligerents  and  neutrals  and  peace 
better  assured ; 

Desirous  of  concluding  a  Convention  to  this  effect,  have  appointed 
the  following  as  their  plenipotentiaries: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  depositing  their  full  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  provisions : 


General 
provisions. 


Determination 
of  validity 
of  capture. 


Part  I. — General  Provisions 

Article  1 

The  validity  of  the  capture  of  a  merchant  ship  or  its  cargo  is  decided 
before  a  prize  court  in  accordance  with  the  present  Convention  when 
neutral  or  enemy  property  is  involved. 


THE  INTERNATIONAL  PRIZE  COURT  189 

Article  2 
Jurisdiction  in  matters  of  prize  is  exercised  in  the  first  instance  by  Jurisdiction  in 

.  -     ,        ,         .  first  instance. 

the  prize  courts  of  the  belhgerent  captor. 

The  judgments  of  these  courts  are  pronounced  in  public  or  are  offi- 
cially notified  to  parties  concerned  who  are  neutrals  or  enemies. 

Article  3 

The  judgments  of  national  prize  courts  may  be  brought  before  the  ^gn^tg^"/^' 
International  Prize  Court—  mayTelrCught 

1.  When  the  judgment  of  the  national  prize  courts  affects  the  prop-  nadJna^  CouVt 
erty  of  a  neutral  Power  or  individual; 

2.  When  the  judgment  affects  enemy  property  and  relates  to — 

(a)  Cargo  on  board  a  neutral  ship; 

(b)  An  enemy  ship  captured  in  the  territorial  waters  of  a  neutral 
Power,  when  that  Power  has  not  made  the  capture  the  subject  of  a 
diplomatic  claim ; 

{c)  A  claim  based  upon  the  allegation  that  the  seizure  has  been 
effected  in  violation,  either  of  the  provisions  of  a  Convention  in  force 
between  the  belligerent  Powers,  or  of  an  enactment  issued  by  the 
belligerent  captor. 

The  appeal  against  the  judgment  of  the  national  court  can  be  based  fp^Hl^ 
on  the  ground  that  the  judgment  was  wrong  either  in  fact  or  in  law. 

Article  4 

An  appeal  may  be  brought—  ^      r/beTought: 

1.  By  a  neutral  Power,  if  the  judgment  of  the  national  tribunals  in-  i.  Byaneu- 

■'  »  J        to  ^raj  Power. 

juriously  affects  its  property  or  the  property  of  its  nationals  (Article  3, 
No.  1),  or  if  the  capture  of  an  enemy  vessel  is  alleged  to  have  taken 
place  in  the  territorial  waters  of  that  Power  (Article  3,  No.  2b). 

2.  By  a  neutral  individual,  if  the  judgment  of  the  national  court  f^^^^^l^^i^^^^^ 
injuriously  affects  his  property  (Article  3,  No.  1),  subject,  however,  to 

the  reservation  that  the  Power  to  which  he  belongs  may  forbid  him  to 
bring  the  case  before  the  Court,  or  may  itself  undertake  the  proceedings 
in  his  place; 

3.  By  an  individual  subject  or  citizen  of  an  enemy  Power,  if  the  of^e^*^^'^^" 
judgment  of  the  national  court  injuriously  affects  his  property  in  the  Power, 
cases  referred  to  in  Article  3,  No.  2,  except  that  mentioned  in  para- 
graph b. 


190 


CONVENTION  XII  OF  1907 


Successors 
in  interest. 


Limitation 
upon  jurisdic- 
tion of  na- 
tional courts. 


Failure  of 
national  courts 
to  give  final 
judgment. 


Law  applicable. 
Treaties. 


Rules  of 

international 

law. 

Principles 
of  justice 
and  equity. 


Enactments 
of  belligerent 
captor. 


Article  5 

An  appeal  may  also  be  brought  on  the  same  conditions  as  in  the 
preceding  article,  by  persons  belonging  either  to  neutral  States  or  to  the 
enemy,  deriving  their  rights  from  and  entitled  to  represent  an  indi- 
vidual qualified  to  appeal,  and  who  have  taken  part  in  the  proceedings 
before  the  national  court.  Persons  so  entitled  may  appeal  separately 
to  the  extent  of  their  interest. 

The  same  rule  applies  in  the  case  of  persons  belonging  either  to 
neutral  States  or  to  the  enemy  who  derive  their  rights  from  and  are 
entitled  to  represent  a  neutral  Power  whose  property  was  the  subject 
of  the  decision. 

Article  6 

When,  in  accordance  with  the  above  Article  3,  the  International 
Court  has  jurisdiction,  the  national  courts  can  not  deal  with  a  case 
in  more  than  two  instances.  The  municipal  law  of  the  belligerent  captor 
shall  decide  whether  the  case  may  be  brought  before  the  International 
Court  after  judgment  has  been  given  in  first  instance  or  only  after  an 
appeal. 

If  the  national  courts  fail  to  give  final  judgment  within  two  years 
from  the  date  of  capture,  the  case  may  be  carried  direct  to  the  Inter- 
national Court. 

Article  7 

If  a  question  of  law  to  be  decided  is  covered  by  a  treaty  in  force 
between  the  belligerent  captor  and  a  Power  which  is  itself  or  whose 
subject  or  citizen  is  a  party  to  the  proceedings,  the  Court  is  governed 
by  the  provisions  of  the  said  treaty. 

In  the  absence  of  such  provisions,  the  Court  shall  apply  the  rules 
of  international  law.  If  no  generally  recognized  rule  exists,  the  Court 
shall  give  judgment  in  accordance  with  the  general  principles  of 
justice  and  equity. 

The  above  provisions  apply  equally  to  questions  relating  to  the  order 
and  mode  of  proof. 

If,  in  accordance  with  Article  3,  No.  2c,  the  ground  of  appeal  is 
the  violation  of  an  enactment  issued  by  the  belligerent  captor,  the  Court 
will  enforce  the  enactment. 

The  Court  may  disregard  failure  to  comply  with  the  procedure  laid 
down  in  the  enactments  of  the  belligerent  captor,  when  it  is  of  opinion 


THE  INTERNATIONAL  PRIZE  COURT  191 

that  the  consequences  of  complying  therewith  are  unjust  and  in- 
equitable. 

Article  8^ 

If  the  Court  pronounces  the  capture  of  the  vessel  or  cargo  to  be  Disposition  of 

.  .  vessel  and 

valid,  they  shall  be  disposed  of  in  accordance  with  the  laws  of  the  cargo  when 

capture  is  valid 

belligerent  captor. 

If  it  pronounces  the  capture  to  be  null,  the  Court  shall  order  resti-  yhen  capture 

^  IS  null. 

tution  of  the  vessel  or  cargo,  and  shall  fix,  if  there  is  occasion,  the 
amount  of  the  damages.  If  the  vessel  or  cargo  have  been  sold  or 
destroyed,  the  Court  shall  determine  the  compensation  to  be  given  to 
the  owner  on  this  account. 

If  the  national  court  pronounced  the  capture  to  be  null,  the  Court 
can  only  be  asked  to  decide  as  to  the  damages. 

Article  9 

The  contracting  Powers  undertake  to  submit  in  good  faith  to  the  Powers  to 
decisions  of  the  International  Prize  Court  and  to  carry  them  out  with  decisions. 
the  least  possible  delay. 

Part  II. — Constitution  of  the  International  Prize  Court        of°"court'°" 

Article  10 

The  International  Prize  Court  is  composed  of  judges  and  deputy  quaf°fi"atLn"s'' 
judges,  who  will  be  appointed  by  the  contracting  Powers,  and  must  °|  co^^^^" 
all  be  jurists  of  known  proficiency  in  questions  of  international  mari- 
time law,  and  of  the  highest  moral  reputation. 

The  appointment  of  these  judges  and  deputy  judges  shall  be  made 
within  six  months  after  the  ratification  of  the  present  Convention. 


Article  11 


Term  of 
service 


The  judges  and  deputy  judges  are  appointed  for  a  period  of  six 
years,   reckoned    from   the   date   on   which   the   notification   of  their  °^J"<^s" 
appointment  is  received  by  the  Administrative  Council  established  by 
the  Convention  for  the  pacific  settlement  of  international  disputes  of 
the  29th  July,  1899.     Their  appointments  can  be  renewed. 


^See  Article  2  of  the  Additional  Protocol,  post,  p.  206. 


192 


CONVENTION  XII  OF  1907 


Vacancies. 


Rank 

of  judges. 


Should  one  of  the  judges  or  deputy  judges  die  or  resign,  the  same 
procedure  is  followed  for  filling  the  vacancy  as  was  followed  for  ap- 
pointing him.  In  this  case,  the  appointment  is  made  for  a  fresh 
period  of  six  years. 

Article  12 

The  judges  of  the  International  Prize  Court  are  all  equal  in  rank 
and  have  precedence  according  to  the  date  on  which  the  notification  of 
their  appointment  was  received  (Article  11,  paragraph  1),  and  if  they 
sit  by  rota  (Article  15,  paragraph  2),  according  to  the  date  on  which 
they  entered  upon  their  duties.  When  the  date  is  the  same  the  senior  in 
age  takes  precedence. 

The  deputy  judges  when  acting  are  assimilated  to  the  judges.  They 
rank,   however,  after  them. 


Privileges 

and  immunities. 


Oath. 


Article  13 

The  judges  enjoy  diplomatic  privileges  and  immunities  in  the  per- 
formance of  their  duties  and  when  outside  their  own  country. 

Before  taking  their  seat,  the  judges  must  swear,  or  make  a  solemn 
promise  before  the  Administrative  Council,  to  discharge  their  duties 
impartially  and  conscientiously. 


Number 
of  judges. 


Judges  who 
are  always 
summoned 
to  sit. 


Judges  who 
sit  by  rota. 


Article  14 

The  Court  is  composed  of  fifteen  judges;  nine  judges  constitute  a 
quorum. 

A  judge  who  is  absent  or  prevented  from  sitting  is  replaced  by  the 

deputy  judge. 

Article  15^ 

The  judges  appointed  by  the  following  contracting  Powers:  Ger- 
many, the  United  States  of  America,  Austria-Hungary,  France,  Great 
Britain,  Italy,  Japan,  and  Russia,  are  always  summoned  to  sit. 

The  judges  and  deputy  judges  appointed  by  the  other  contracting 
Powers  sit  by  rota  as  shown  in  the  table  annexed"  to  the  present  Con- 
vention ;  their  duties  may  be  performed  successively  by  the  same  per- 
son.    The  same  judge  may  be  appointed  by  several  of  the  said  Powers. 


iReservation  of  this  article  was  made  by  Chile,   Cuba,  Ecuador,  Guatemala, 
Haiti,  Persia,  Salvador,  Siam,  Turkey  and  Uruguay. 
^Post.  p.  203. 


THE  INTERNATIONAL  PRIZE  COURT  193 

Article  16 

If  a  belligerent  Power  has,  according  to  the  rota,  no  judge  sitting  Selection  of 
in  the  Court,  it  may  ask  that  the  judge  appointed  by  it  should  take  jfjj^f^''^'^' 
part  in  the  settlement  of  all  cases  arising  from  the  war.     Lots  shall 
then  be  drawn  as  to  which  of  the  judges  entitled  to  sit  according 
to  the  rota  shall  withdraw.     This  arrangement  does  not  affect  the 
judge  appointed  by  the  other  belligerent. 

Article  17 

No  judge  can  sit  who  has  been  a  party,  in  any  way  whatever,  to  ^f  a^,"udiy^^*'°" 
the  sentence  pronounced  by  the  national  courts,  or  has  taken  part  in 
the  case  as  counsel  or  advocate  for  one  of  the  parties. 

No  judge  or  deputy  judge  can,  during  his  tenure  of  office,  appear 
as  agent  or  advocate  before  the  International  Prize  Court  nor  act  for 
one  of  the  parties  in  any  capacity  whatever. 

Article  18 

The  belligerent  captor  is  entitled  to  appoint  a  naval  officer  of  high  fa^pJo^^^"* 
rank  to  sit  as  assessor,  but  with  no  voice  in  the  decision.     A  neutral  n"eut7li'may 
Power,   which   is   a  party  to   the   proceedings   or  whose   subject   or  a^sPe"^"^. 
citizen  is  a  party,  has  the  same  right  of  appointment;  if  as  the  result 
of  this  last  provision  more  than  one  Power  is  concerned,  they  must 
agree   among  themselves,   if   necessary  by  lot,   on  the  officer  to   be 
appointed. 

Article  19 

The  Court  elects  its  president  and  vice-president  by  an  absolute  of o^ffi°e"s. 
majority  of  the  votes  cast.     After  two  ballots,  the  election  is  made  by 
a  bare  majority,  and,  in  case  the  votes  are  equal,  by  lot. 

Article  20 

The  judges  on  the  International  Prize  Court  are  entitled  to  traveling  ^^fj'i^^^l^'°'' 
allowances  in  accordance  with  the  regulations  in  force  in  their  own 
country,  and  in  addition  receive,  while  the  Court  is  sitting  or  while 
they  are  carrying  out  duties  conferred  upon  them  by  the  Court,  a  sum 
of  100  Netherland  florins  per  diem. 


194 


CONVENTION  XII  OF  1907 


Seat  of 
the  Court. 


These  payments  are  included  in  the  general  expenses  of  the  Court 
dealt  with  in  Article  47,  and  are  paid  through  the  International  Bureau 
established  by  the  Convention  of  the  29th  July,  1899. 

The  judges  may  not  receive  from  their  own  Government  or  from 
that  of  any  other  Power  any  remuneration  in  their  capacity  of  mem- 
bers of  the  Court. 

Article  21 

The  seat  of  the  International  Prize  Court  is  at  The  Hague  and  it 
can  not,  except  in  the  cases  of  force  majeure,  be  transferred  elsewhere 
without  the  consent  of  the  belligerents. 


Functions  of 

Administrative 

Council. 


International 
Bureau  acts 
^as  registry. 


Article  22 

The  Administrative  Council  fulfils,  with  regard  to  the  International 
Prize  Court,  the  same  functions  as  to  the  Permanent  Court  of  Arbitra- 
tion, but  only  representatives  of  contracting  Powers  will  be  members 
of  it. 

Article  23 

The  International  Bureau  acts  as  registry  to  the  International  Prize 
Court  and  must  place  its  offices  and  staff  at  the  disposal  of  the  Court. 
It  has  charge  of  the  archives  and  carries  out  the  administrative  work. 

The  secretary  general  of  the  International  Bureau  acts  as  registrar. 

The  necessary  secretaries  to  assist  the  registrar,  translators  and 
shorthand  writers  are  appointed  and  sworn  in  by  the  Court. 


Language 
used  in 
proceedings. 


Article  24 

The  Court  determines  which  language  it  will  itself  use  and  what 
languages  may  be  used  before  it. 

In  every  case  the  official  language  of  the  national  courts  which  have 
had  cognizance  of  the  case  may  be  used  before  the  Court. 


Powers  may 
appoint  agents 
and  counsel. 


Article  25 

Powers  which  are  concerned  in  a  case  may  appoint  special  agents 
to  act  as  intermediaries  between  themselves  and  the  Court.  They  may 
also  engage  counsel  or  advocates  to  defend  their  rights  and  interests. 


THE  INTERNATIONAL  PRIZE  COURT  195 

Article  26 
A  private  person  concerned  in  a  case  will  be  represented  before  the  Attorneys  for 

'^  private 

Court  by  an  attorney,  who  must  be  either  an  advocate  qualified  to  plead  individuals. 
before  a  court  of  appeal  or  a  high  court  of  one  of  the  contracting 
States,  or  a  lawyer  practising  before  a  similar  court,  or  lastly,  a  pro- 
fessor of  law  at  one  of  the  higher  teaching  centers  of  those  countries. 

Article  27 
For  all  notices  to  be  served,  in  particular  on  the  parties,  witnesses,  Hovit  notices 

_  ^  are  to  be 

or  experts,  the  Court  may  apply  direct  to  the  Government  of  the  State  served, 
on  whose  territory  the  service  is  to  be  carried  out.     The  same  rule 
applies  in  the  case  of  steps  being  taken  to  procure  evidence. 

The  requests  for  this  purpose  are  to  be  executed  so  far  as  the  means 
at  the  disposal  of  the  Power  applied  to  under  its  municipal  law  allow. 
They  can  not  be  rejected  unless  the  Power  in  question  considers  them 
calculated  to  impair  its  sovereign  rights  or  its  safety.  If  the  request 
is  complied  with,  the  fees  charged  must  only  comprise  the  expenses 
actually  incurred. 

The  Court  is  equally  entitled  to  act  through  the  Power  on  whose 
territory  it  sits. 

Notices  to  be  given  to  parties  in  the  place  where  the  Court  sits  may 
be  served  through  the  International  Bureau. 

Part  III. — Procedure  in  the  International  Prize  Court  ki'°hl1:oun. 

Article  28^ 
An  appeal  to  the  International  Prize  Court  is  entered  by  means  of  a  Method  and 

^^  -^  time  ot  en- 

written   declaration   made   in   the   national   court   which   has   already  tering  appeal. 
dealt  with  the  case  or  addressed  to  the  International  Bureau;  in  the 
latter  case  the  appeal  can  be  entered  by  telegram. 

The  period  within  which  the  appeal  must  be  entered  is  fixed  at  120 
days,  counting  from  the  day  the  decision  is  delivered  or  notified  (Ar- 
ticle 2,  paragraph  2), 

Article  29^ 

If  the  notice  of  appeal  is  entered  in  the  national  court,  this  Court,  J/^"|™|j^4°" 
without  considering  the  question  whether  the  appeal  was  entered  in  Bu^rwu.**""^^ 

iSee  Article  5  of  the  Additional  Protocol,  post,  p.  206. 
=See  Article  6  of  the  Additional  Protocol,  post,  p.  207. 


196 


CONVENTION  XII  OF  1907 


due  time,  will  transmit  within  seven  days  the  record  of  the  case  to  the 
International  Bureau. 

If  the  notice  of  the  appeal  is  sent  to  the  International  Bureau,  the 
Bureau  will  immediately  inform  the  national  court,  when  possible  by 
telegraph.  The  latter  will  transmit  the  record  as  provided  in  the 
preceding  paragraph. 

When  the  appeal  is  brought  by  a  neutral  individual  the  International 
Bureau  at  once  informs  by  telegraph  the  individual's  Government,  in 
order  to  enable  it  to  enforce  the  rights  it  enjoys  under  Article  4,  para- 
graph 2. 

Article  30 

Appeal  when  jj^  ^^g  c^sc  provided  for  in  Article  6,  paragraph  2,  the  notice  of 

national  courts  ^  '    jt  o       i  ' 

fail  to  give  appeal  can  be  addressed  to  the  International  Bureau  only.     It  must  be 

final  judgment.  t'f  J 

entered  within  thirty  days  of  the  expiration  of  the  period  of  two  years. 


Late  appeal 
may  be  rejected. 


Article  31 

If  the  appellant  does  not  enter  his  appeal  within  the  period  laid  down 
in  Articles  28  or  30,  it  shall  be  rejected  without  discussion. 

Provided  that  he  can  show  that  he  was  prevented  from  so  doing  by 
force  majeure,  and  that  the  appeal  was  entered  within  sixty  days  after 
the  circumstances  which  prevented  him  entering  it  before  had  ceased 
to  operate,  the  Court  can,  after  hearing  the  respondent,  grant  relief 
from  the  effect  of  the  above  provision. 


Copy  of 
appeal  is  sent 
to  respondent. 


Article  32 

If  the  appeal  is  entered  in  time,  a  certified  copy  of  the  notice  of 
appeal  is  forthwith  officially  transmitted  by  the  Court  to  the  respondent. 


Appeal  of 
other  parties. 


Article  ZZ 

If,  in  addition  to  the  parties  who  are  before  the  Court,  there  are 
other  parties  concerned  who  are  entitled  to  appeal,  or  if,  in  the  case 
referred  to  in  Article  29,  paragraph  3,  the  Government  who  has  re- 
ceived notice  of  an  appeal  has  not  announced  its  decision,  the  Court 
will  await  before  dealing  with  the  case  the  expiration  of  the  period  laid 
down  in  Articles  28  or  30. 


THE  INTERNATIONAL  PRIZE  COURT  197 

Article  34 
The  procedure  before  the  International  Court  includes  two  distinct  Pleadings 

and  argument. 

parts :  the  written  pleadings  and  oral  discussions. 

The  written  pleadings  consist  of  the  deposit  and  exchange  of  cases, 
counter-cases,  and,  if  necessary,  of  replies,  of  which  the  order  is  fixed 
by  the  Court,  as  also  the  periods  within  which  they  must  be  delivered. 
The  parties  annex  thereto  all  papers  and  documents  of  which  they 
intend  to  make  use. 

A  certified  copy  of  every  document  produced  by  one  party  must  be 
communicated  to  the  other  party  through  the  medium  of  the  Court. 

Article  35 

After  the  close  of  the  pleadings,  a  public  sitting  is  held  on  a  day  Public  sitting. 
fixed  by  the  Court. 

At  this  sitting  the  parties  state  their  view  of  the  case  both  as  to  the 
law  and  as  to  the  facts. 

The  Court  may,  at  any  stage  of  the  proceedings,  suspend  speeches 
of  counsel,  either  at  the  request  of  one  of  the  parties,  or  on  their  own 
initiative,  in  order  that  supplementary  evidence  may  be  obtained. 

Article  36 

The  International  Court  may  order  the  supplementary  evidence  to  f^denc™.^"'"'' 
be  taken  either  in  the  manner  provided  by  Article  27,  or  before  itself, 
or  one  or  more  of  the  members  of  the  Court,  provided  that  this  can 
be  done  without  resort  to  compulsion  or  the  use  of  threats. 

If  steps  are  to  be  taken  for  the  purpose  of  obtaining  evidence  by 
members  of  the  Court  outside  the  territory  where  it  is  sitting,  the 
consent  of  the  foreign  Government  must  be  obtained. 

Article  Z7 

The  parties  are  summoned  to  take  part  in  all  stages  of  the  proceed-  ^gng^/o"™" 
ings  and  receive  certified  copies  of  the  minutes.  of"roceed1ngs 

Article  38 

The  discussions  are  under  the  control  of  the  president  or  vice-presi-  ^ntToTi'eT^ 
dent,  or,  in  case  they  are  absent  or  can  not  act,  of  the  senior  judge  by  president. 
present. 

The  judge  appointed  by  a  belligerent  party  can  not  preside. 


198 


CONVENTION  XII  OF  1907 


Discussions 
public. 


Minutes. 


Article  39 

The  discussions  take  place  in  public,  subject  to  the  right  of  a  Gov- 
ernment who  is  a  party  to  the  case  to  demand  that  they  be  held  in 
private. 

Minutes  are  taken  of  these  discussions  and  signed  by  the  president 
and  registrar,  and  these  minutes  alone  have  an  authentic  character. 


Result  of 
failure  of 
party  to 
appear. 


Notification 
of  decrees 
or  decisions. 


Matters  con- 
sidered in 
arriving  at 
decision. 


Manner   of 

making 

decisions. 


Reasons  for 
judgment. 


Method  of 

pronouncing 

sentence. 


Article  40 

If  a  party  does  not  appear,  despite  the  fact  that  he  has  been  duly 
cited,  or  if  a  party  fails  to  comply  with  some  step  within  the  period 
fixed  by  the  Court,  the  case  proceeds  without  that  party,  and  the  Court 
gives  judgment  in  accordance  with  the  material  at  its  disposal. 

Article  41 

The  Court  officially  notifies  to  the  parties  decrees  or  decisions  made 
in  their  absence. 

Article  42 

The  Court  takes  into  consideration  in  arriving  at  its  decision  all 
the  facts,  evidence,  and  oral  statements. 

Article  43 

The  Court  considers  its  decision  in  private  and  the  proceedings  are 
secret. 

All  questions  are  decided  by  a  majority  of  the  judges  present.  If 
the  number  of  judges  is  even  and  equally  divided,  the  vote  of  the 
junior  judge  in  the  order  of  precedence  laid  down  in  Article  12, 
paragraph  1,  is  not  counted. 

Article  44 

The  judgment  of  the  Court  must  give  the  reasons  on  which  it  is 
based.  It  contains  the  names  of  the  judges  taking  part  in  it,  and  also 
of  the  assessors,  if  any;  it  is  signed  by  the  president  and  registrar. 

,  Article  45^ 

The  sentence  is  pronounced  in  public  sitting,  the  parties  concerned 
being  present  or  duly  summoned  to  attend ;  the  sentence  is  officially 
communicated  to  the  parties. 


^See  Article  7  of  the  Additional  Protocol,  post,  p.  207. 


THE  INTERNATIONAL  PRIZE  COURT  199 

When  this  communication  has  been  made,  the  Court  transmits  to 
the  national  prize  court  the  record  of  the  case,  together  with  copies 
of  the  various  decisions  arrived  at  and  of  the  minutes  of  the  pro- 
ceedings. 

Article  46 

Each  party  pays  its  own  costs.  of^c^t"* 

The  party  against  whom  the  Court  decides  bears,  in  addition,  the 
costs  of  the  trial,  and  also  pays  1  per  cent  of  the  value  of  the  subject- 
matter  of  the  case  as  a  contribution  to  the  general  expenses  of  the 
International  Court.  The  amount  of  these  payments  is  fixed  in  the 
judgment  of  the  Court. 

If  the  appeal  is  brought  by  an  individual,  he  will  furnish  the  Inter- 
national Bureau  with  security  to  an  amount  fixed  by  the  Court,  for  the 
purpose  of  guaranteeing  eventual  fulfilment  of  the  two  obligations  men- 
tioned in  the  preceding  paragraph.  The  Court  is  entitled  to  postpone 
the  opening  of  the  proceedings  until  the  security  has  been  furnished. 

Article  47 
The  general  expenses  of  the  International  Prize  Court  are  borne  General 

<-'  -"^  expenses 

by  the  contracting  Powers  in  proportion  to  their  share  in  the  composi-  of  Court. 
tion  of  the  Court  as  laid  down  in  Article  15  and  in  the  annexed  table.^ 
The  appointment  of  deputy  judges  does  not  involve  any  contribution. 
The  Administrative  Council  applies  to  the  Powers  for  the  funds 
requisite  for  the  working  of  the  Court. 

Article  48 

When  the  Court  is  not  sitting,  the  duties  conferred  upon  it  by  Ar-  ^/'d°[^s^"'^^ 
tide  32,  Article  34,  paragraphs  2  and  3,  Article  35,  paragraph  1,  and  J^'jfo"  ^°Jing 
Article  46,  paragraph  3,  are  discharged  by  a  delegation  of  three  judges 
appointed  by  the  Court.     This  delegation  decides  by  a  majority  of 
votes. 

Article  49 

The  Court  itself  draws  up  its  own  rules  of  procedure,  which  must  procedure, 
be  communicated  to  the  contracting  Powers. 

It  will  meet  to  elaborate  these  rules  within  a  year  of  the  ratifica- 
tion of  the  present  Convention. 


^Post,  p.  203. 


200 


CONVENTION  XII  OF  1907 


Modifications 
in  present 
Convention. 


Final 
provisions. 


Applicability 
of  Convention 


Ratifications. 


Article  50 

The  Court  may  propose  modifications  in  the  provisions  of  the  pres- 
ent Convention  concerning  procedure.  These  proposals  are  commu- 
nicated, through  the  medium  of  the  Netherland  Government,  to  the 
contracting  Powers,  which  will  consider  together  as  to  the  measures 
to  be  taken. 

Part  IV. — Final  Provisions 

Article  51 

The  present  Convention  does  not  apply  as  of  right  except  when  the 
belligerent  Powers  are  all  parties  to  the  Convention. 

It  is  further  fully  understood  that  an  appeal  to  the  International 
Prize  Court  can  only  be  brought  by  a  contracting  Power  or  the  subject 
or  citizen  of  a  contracting  Power. 

In  the  cases  mentioned  in  Article  5,  the  appeal  is  only  admitted 
when  both  the  owner  and  the  person  entitled  to  represent  him  are 
equally  contracting  Powers  or  the  subjects  or  citizens  of  contracting 
Powers. 

Article  52 

The  present  Convention  shall  be  ratified  and  the  ratifications  shall 
be  deposited  at  The  Hague  as  soon  as  all  the  Powers  mentioned  in 
Article  15  and  in  the  table  annexed  are  in  a  position  to  do  so. 

The  deposit  of  the  ratifications  shall  take  place,  in  any  case,  on  the 
30th  June,  1909,  if  the  Powers  which  are  ready  to  ratify  furnish  nine 
judges  and  nine  deputy  judges  to  the  Court,  qualified  to  validly  con- 
stitute a  Court.  If  not,  the  deposit  shall  be  postponed  until  this  con- 
dition is  fulfilled. 

A  minute  of  the  deposit  of  ratifications  shall  be  drawn  up,  of  which 
a  certified  copy  shall  be  forwarded,  through  the  diplomatic  channel, 
to  each  of  the  Powers  referred  to  in  the  first  paragraph.^ 


Signatures 
and  adhesions. 


Article  53 

The  Powers  referred  to  in  Article  15  and  in  the  table  annexed 
are  entitled  to  sign  the  present  Convention  up  to  the  deposit  of  the 
ratifications  contemplated  in  paragraph  2  of  the  preceding  article. 

After  this  deposit,  they  can  at  any  time  adhere  to  it,  purely  and 


iSee  Article  8  of  the  Additional  Protocol,  post,  p.  207. 


THE  INTERNATIONAL  PRIZE  COURT  201 

simply.^  A  Power  wishing  to  adhere,  notifies  its  intention  in  writing 
to  the  Netherland  Government  transmitting  to  it,  at  the  same  time,  the 
act  of  adhesion,  which  shall  be  deposited  in  the  archives  of  the  said 
Government.  The  latter  shall  send,  through  the  diplomatic  channel, 
a  certified  copy  of  the  notification  and  of  the  act  of  adhesion  to  all 
the  Powers  referred  to  in  the  preceding  paragraph,  informing  them 
of  the  date  on  which  it  has  received  the  notification. 

Article  54 

The  present  Convention  shall  come  into  force  six  months  from  the  convention, 
deposit  of  the  ratifications  contemplated  in  Article  52,  paragraphs  1 
and  2. 

The  adhesions  shall  take  eflfect  sixty  days  after  notification  of  such 
adhesion  has  been  received  by  the  Netherland  Government,  or  as  soon 
as  possible  on  the  expiration  of  the  period  contemplated  in  the  pre- 
ceding paragraph. 

The  International  Court  shall,  however,  have  jurisdiction  to  deal 
with  prize  cases  decided  by  the  national  courts  at  any  time  after  the 
deposit  of  the  ratifications  or  of  the  receipt  of  the  notification  of  the 
adhesions.  In  such  cases,  the  period  fixed  in  Article  28,  paragraph  2, 
shall  only  be  reckoned  from  the  date  when  the  Convention  comes  into 
force  as  regards  a  Power  which  has  ratified  or  adhered. 

Article  55 

The  present  Convention  shall  remain  in  force  for  twelve  years  from  Duration, 
the  time  it  comes  into  force,  as  determined  by  Article  54,  paragraph  1, 
even  in  the  case  of  Powers  which  adhere  subsequently. 

It  shall  be  renewed  tacitly  from  six  years  to  six  years  unless  de-  Renewal, 
nounced. 

Denunciation  must  be  notified  in  writing,  at  least  one  year  before  Denunciation, 
the  expiration  of  each  of  the  periods  mentioned  in  the  two  preceding 
paragraphs,  to  the  Netherland  Government,  which  will  inform  all  the 
other  contracting  Powers. 

Denunciation  shall  only  take  effect  in  regard  to  the  Power  which 
has  notified  it.  The  Convention  shall  remain  in  force  in  the  case  of 
the  other  contracting  Powers,  provided  that  their  participation  in  the 
appointment  of  judges  is  sufficient  to  allow  of  the  composition  of  the 
Court  with  nine  judges  and  nine  deputy  judges. 


^See  Article  9  of  the  Additional  Protocol,  post,  p.  207. 


202 


CONVENTION  XII  OF  1907 


Selection  of 
judges  by 
Administra- 
tive Council. 


Modification 
of  Article  15. 


Article  56 

In  case  the  present  Convention  is  not  in  operation  as  regards  all  the 
Powers  referred  to  in  Article  15  and  the  annexed  table,  the  Adminis- 
trative Council  shall  draw  up  a  list  on  the  lines  of  that  article  and  table 
of  the  judges  and  deputy  judges  through  whom  the  contracting  Powers 
will  share  in  the  composition  of  the  Court.  The  times  allotted  by  the 
said  table  to  judges  who  are  summoned  to  sit  in  rota  will  be  redis- 
tributed between  the  different  years  of  the  six-year  period  in  such  a 
way  that,  as  far  as  possible,  the  number  of  the  judges  of  the  Court  in 
each  year  shall  be  the  same.  If  the  number  of  deputy  judges  is  greater 
than  that  of  the  judges,  the  number  of  the  latter  can  be  completed  by 
deputy  judges  chosen  by  lot  among  those  powers  which  do  not  nomi- 
nate a  judge. 

The  list  drawn  up  in  this  way  by  the  Administrative  Council  shall 
be  notified  to  the  contracting  Powers.  It  shall  be  revised  when  the 
number  of  these  Powers  is  modified  as  the  result  of  adhesions  or  de- 
nunciations. 

The  change  resulting  from  an  adhesion  is  not  made  until  the  1st 
January  after  the  date  on  which  the  adhesion  takes  effect,  unless  the 
adhering  Power  is  a  belligerent  Power,  in  which  case  it  can  ask  to  be 
at  once  represented  in  the  Court,  the  provision  of  Article  16  being, 
moreover,  applicable  if  necessary. 

When  the  total  number  of  judges  is  less  than  eleven,  seven  judges 
form  a  quorum. 

Article  57 

Two  years  before  the  expiration  of  each  period  referred  to  in  para- 
graphs 1  and  2  of  Article  55  any  contracting  Power  can  demand  a 
modification  of  the  provisions  of  Article  15  and  of  the  annexed  table, 
relative  to  its  participation  in  the  composition  of  the  Court.  The 
demand  shall  be  addressed  to  the  Administrative  Council,  which  will 
examine  it  and  submit  to  all  the  Powers  proposals  as  to  the  measures 
to  be  adopted.  The  Powers  shall  inform  the  Administrative  Council 
of  their  decision  with  the  least  possible  delay.  The  result  shall  be  at 
once,  and  at  least  one  year  and  thirty  days  before  the  expiration  of 
the  said  period  of  two  years,  communicated  to  the  Power  which  made 
the  demand. 

When  necessary,  the  modifications  adopted  by  the  Powers  shall  come 
into  force  from  the  commencement  of  the  fresh  period. 


THE  INTERNATIONAL  PRIZE  COURT 


203 


In  faith  whereof  the  plenipotentiaries  have  appended  their  signatures  Signing. 
to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 
shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel  to  the  Powers  designated  in  Article  15  and  in  the  table 
annexed. 

[Here  follow  signatures.] 


Deposit  of 
original. 


Certified  copies 
to  Powers. 


Annex  to  Article  15 

Distribution  of  Judges  and  Deputy  Judges  by  Countries  for  Each  Year 

of  the  Period  of  Six  Years 


JUDGES 


DEPUTY    JUDGES    ! 


JUDGES 


DEPUTY    JUDGES 


First 

Year 

Second  Year 

1  Argentine 

Paraguay 

Argentine 

Panama 

2  Colombia 

Bolivia 

Spain 

Spain 

3  Spain 

Spain 

Greece 

Roumania 

4  Greece 

Roumania 

Norway 

Sweden 

5  Norway 

Sweden 

Netherlands 

Belgium 

6  Netherlands 

Belgium 

Turkey 

Luxemburg 

7  Turkey 

Persia 

Uruguay 

Costa  Rica 

Third 

Year 

Fourti 

h   Year 

1  Brazil 

Dominican  Rep. 

Brazil 

Guatemala 

2  China 

Turkey 

China 

Turkey 

3  Spain 

Portugal 

Spain 

Portugal 

4  Netherlands 

Switzerland 

Peru 

Honduras 

5  Roumania 

Greece 

Roumania 

Greece 

6  Sweden 

Denmark 

Sweden 

Denmark 

7  Venezuela 

Haiti 

Switzerland 

Netherlands 

Fifth 

Year 

Sixth 

Year 

1  Belgium 

Netherlands 

Belgium 

Netherlands 

2  Bulgaria 

Montenegro 

Chile 

Salvador 

3  Chile 

Nicaragua 

Denmark 

Norway 

4  Denmark 

Norway 

Mexico 

Ecuador 

5  Mexico 

Cuba 

Portugal 

Spain 

6  Persia 

China 

Servia 

Bulgaria 

7  Portugal 

Spain 

Siam 

China 

204 


THE  ADDITIONAL  PROTOCOL  OF  1910 


Contracting 
Powers. 


Plenipo- 
tentiaries. 


ADDITIONAL  PROTOCOL  TO  THE  CONVENTION  RELATIVE  TO  THE 
ESTABLISHMENT  OF  AN  INTERNATIONAL  COURT  OF  PRIZE' 

Signed  at  The  Hague,  September  19,  1910 

Germany,  the  United  States  of  America,  the  Argentine  Republic, 
Austria-Hungary,  Belgium,  Bolivia,  Bulgaria,  Chile,  Colombia,  the 
Republic  of  Cuba,  Denmark,  Ecuador,  Spain,  France,  Great  Britain, 
Guatemala,  Haiti,  Italy,  Japan,  Mexico,  Norway,  Panama,  Paraguay, 
the  Netherlands,  Peru,  Persia,  Portugal,  Salvador,  Siam,  Sweden, 
Switzerland,  Turkey,  Uruguay, 

Powers  signatory  to  the  Hague  Convention  dated  October  18,  1907, 
for  the  establishment  of  an  International  Court  of  Prize, 

Considering  that  for  some  of  these  Powers  difficulties  of  a  consti- 
tutional nature  prevent  the  acceptance  of  the  said  Convention,  in  its 
present   form. 

Have  deemed  it  expedient  to  agree  upon  an  additional  protocol 
taking  into  account  these  difficulties  without  jeopardizing  any  legiti- 
mate interest  and  have,  to  that  end,  appointed  as  their  plenipoten- 
tiaries, to  wit : 

Germany:  His  Excellency  Felix  von  Muller,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  The  Hague. 

The  United  States  of  America:  James  Brown  Scott. 

The  Argentine  Republic:  His  Excellency  Alejandro  Guesalaga,  En- 
voy Extraordinary  and  Minister  Plenipotentiary  at  The  Hague. 

Austria-Hungary :  Baron  E.  Gudenus,  Charge  d'Affaires  ad  inte- 
rim at  The  Hague. 

Belgium :  His  Excellency  Baron  Fallon,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Bolivia :  His  Excellency  General  Ismael  Montes,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  The  Hague. 

Bulgaria:  His  Excellency  Dimitri  Stancioff,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  in  France  and  Belgium. 

Chile:  His  Excellency  Federico  Puga  Borne,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  Paris. 

Colombia:  His  Excellency  Ignacio  Gutierrez  Ponce,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  at  The  Hague. 

The  Republic  of  Cuba:  Miguel  Angel  Campa,  Charge  d'Affaires 
ad  interim  at  The  Hague. 

Denmark :  J.  W.  Grevenkop  Castenskjold,  Minister  Resident  at 
The  Hague. 


iDe  Martens,  Nouveau  Recueil  Generalc  de  Traites,  3d  Series,  vol.  vii,  p.  73. 


THE  INTERNATIONAL  PRIZE  COURT  205 

Ecuador :  His  Excellency  Victor  Manuel  Rendon,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  Paris, 

Spain :  His  Excellency  Jose  de  la  Rica  y  Calvo,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  at  The  Hague. 

France :  His  Excellency  Marcellin  Pellet,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Great  Britain :  His  Excellency  Sir  George  William  Buchanan, 
G.  C.  V.  O.,  K.  C.  M.  G.,  C.  B.,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague. 

Guatemala:  Francisco  de  Arce,  Charge  d'Affaires  ad  interim  at 
The  Hague. 

Haiti :  His  Excellency  Georges  Sylvain,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  Paris. 

Italy :  His  Excellency  Count  Giuseppe  Sallier  de  la  Tour,  Duke  of 
Calvello,  Envoy  Extraordinary  and  Minister  Plenipotentiary  at  The 
Hague. 

Japan :  His  Excellency  Aimaro  Sato,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Mexico:  His  Excellency  Enrique  Olarte,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Norway:  His  Excellency  George  Francis  Hagerup,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  The  Hague. 

Panama:  Juan  Antonio  Jimenez,  Charge  d'Affaires  at  The  Hague. 

Paraguay:  Count  Georges  du  Monceau  de  Bergendal,  Consul  of 
Paraguay  at  Brussels, 

The  Netherlands :  His  Excellency  Jonkheer  R.  de  Marees  van  Svvin- 
deren,  Minister  of  Foreign  Affairs. 

Peru :  His  Excellency  Manuel  Alvarez  Calderon,  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  in  Belgium  and  Switzerland. 

Persia:  His  Excellency  Mirza  Ahmed  Khan  Sadigh  ul-Mulk,  En- 
voy Extraordinary  and  Minister  Plenipotentiary  at  The  Hague, 

Portugal:  Carlos  Rangel  de  Sampaio,  Charge  d'Affaires  ad  interim 
at  The  Hague. 

Salvador:  John  Helsmoortel,  Consul  General  of  Salvador  in  Bel- 
gium. 

Siam :  His  Excellency  Phya  Visutr  Kosa,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Sweden:  His  Excellency  Count  Johan  Jacob  Albert  Ehrensvard, 
Envoy  Extraordinary  and  Minister  Plenipotentiary  at  The  Hague. 

Switzerland:  Gaston  Carlin,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  The  Hague. 


206 


THE  ADDITIONAL  PROTOCOL  OF  1910 


Turkey:  His  Excellency  Aristarchi  Bey,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  The  Hague. 

Uruguay:  Virgilio  Sampognaro,  Charge  d' Affaires  at  The  Hague. 

Who,  after  depositing  their  full  powers,  found  to  be  in  good  and 
due  form,  have  agreed  upon  the  following: 


Rights  of 
Powers  signa- 
tory or  adher- 
ing to  Conven- 
tion of  Octo- 
ber 18,  1907. 


In  case  of  an 
action  for 
damages. 


Court  deter- 
mines amount 
to  be  allowed, 
if  any. 


Article  1 

The  Powers  signatory  or  adhering  to  the  Hague  Convention  of 
October  18,  1907,  relative  to  the  establishment  of  an  International 
Court  of  Prize,  which  are  prevented  by  difficulties  of  a  constitutional 
nature  from  accepting  the  said  Convention  in  its  present  form,  have 
the  right  to  declare  in  the  instrument  of  ratification  or  adherence  that 
in  prize  cases,  whereof  their  national  courts  have  jurisdiction,  recourse 
to  the  International  Court  of  Prize  can  only  be  exercised  against  them 
in  the  form  of  an  action  in  damages  for  the  injury  caused  by  the 
capture. 

Article  2 

In  the  case  of  recourse  to  the  International  Court  of  Prize,  in  the 
form  of  an  action  for  damages.  Article  8^  of  the  Convention  is  not 
applicable ;  it  is  not  for  the  Court  to  pass  upon  the  validity  or  the 
nullity  of  the  capture,  nor  to  reserve  or  affirm  the  decision  of  the 
national  tribunals. 

If  the  capture  is  considered  illegal,  the  Court  determines  the  amount 
of  damages  to  be  allowed,  if  any,  to  the  claimants. 


Rules  of 
procedure. 


Article  3 

The  conditions  to  which  recourse  to  the  International  Court  of 
Prize  is  subject  by  the  Convention  are  applicable  to  the  action  in 
damages. 

Article  4 

Under  reserve  of  the  provisions  hereinafter  stated  the  rules  of  pro- 
cedure established  by  the  Convention  for  recourse  to  the  International 
Court  of  Prize  shall  be  observed  in  the  action  in  damages. 


In  derogation 
of  Article  28 
of  Convention. 


Article  5 

In  derogation  of  Article  28,  paragraph  1,  of  the  Convention,  the  suit 
for  damages  can  only  be  brought  before  the  International  Court  of 


^Ante,  p.  191. 


THE  INTERNATIONAL  PRIZE  COURT  207 

Prize  by  means  of  a  written  declaration  addressed  to  the  International 
Bureau  of  the  Permanent  Court  of  Arbitration;  the  case  may  even  be 
brought  before  the  Bureau  by  telegram. 

Article  6 
In  derogation  of  Article  29  of  the  Convention  the  International  in  derogation 

°  .  .  .  of  Article  29 

Bureau  shall  notify  directly,  and  if  possible  by  telegram,  the  Govern-  of  Convention, 
ment  of  the  belligerent  captor  of  the  declaration  of  action  brought 
before  it. 

The  Government  of  the  belligerent  captor,  without  considering 
whether  the  prescribed  periods  of  time  have  been  observed,  shall,  with- 
in seven  days  of  the  receipt  of  the  notification,  transmit  to  the  Inter- 
national Bureau  the  case,  appending  thereto  a  certified  copy  of  the 
decision,  if  any,  rendered  by  the  national  tribunal. 

Article  7 
In  derogation  of  Article  45,  paragraph  2,  of  the  Convention  the  in  derogation 

.  .  .    .  .  .  .      of  Article  45 

Court  rendering  its  decision  and  notifying  it  to  the  parties  to  the  suit  of  Convention, 
shall  send  directly  to  the  Government  of  the  belligerent  captor  the 
record  of  the  case  submitted  to  it,  appending  thereto  a  copy  of  the 
various  intervening  decisions  as  well  as  a  copy  of  the  minutes  of  the 
preliminary  proceedings. 

Article  8 
The  present  additional  protocol  shall  be  considered  as  forming  an  Present  proto- 

t^  ^  °  col  to  form 

integral  part  of  and  shall  be  ratified  at  the  same  time  as  the  Con-  integral  part 

'^  of  treaty. 

vention. 

If  the  declaration  provided  for  in  Article  1  herein  above  is  made 
in  the  instrument  of  the  ratification,  a  certified  copy  thereof  shall  be 
inserted  in  the  proces-verhal  of  the  deposit  of  ratifications  referred 
to  in  Article  52,  paragraph  3,  of  the  Convention. 

Article  9 

Adherence  to  the  Convention  is  subordinated  to  adherence  to  the  Adherence, 
present  additional  protocol. 

In  faith  of  which  the  plenipotentiaries  have  affixed  their  signatures  Signing, 
to  the  present  additional  protocol. 


208 


THE  ADDITIONAL  PROTOCOL  OF  1910 


Deposit  of 
original. 


Certified  copies 
to  Powers. 


Done  at  The  Hague  on  the  19th  day  of  September,  1910,  in  a  single 
copy,  which  shall  remain  deposited  in  the  archives  of  the  Government 
of  the  Netherlands  and  of  which  duly  certified  copies  shall  be  for- 
warded through  diplomatic  channels  to  the  Powers  designated  in  Ar- 
ticle 15  of  the  Convention  relative  to  the  establishment  of  an  Interna- 
tional Court  of  Prize  of  October  18,  1907,  and  in  its  appendix. 

[Here  follow  signatures.] 


SIGNATURES  AND  RESERVATIONS! 

Both  the  1907  Convention  and  the 

1910  Additional  Pi 

been  signed  by  the 

following 

Powers : 

Argentine 

Republic 

Mexico 

Austria-Hungary 

Netherlands 

Belgium 

Norway 

Bolivia 

Panama 

Bulgaria 

Paraguay 

Chile 

Persia 

Colombia 

Peru 

Cuba 

Portugal 

Denmark 

Salvador 

Ecuador 

Siam 

France 

Spain 

Germany 

Sweden 

Great  Britain 

Switzerland 

Guatemala 

Turkey 

Haiti 

United  States 

Italy 

Uruguay 

Japan 

Reservations: 

Chile,  Cuba,  Ecuador,  Guatemala,  Haiti,  Persia,  Salvador,  Siam, 
Turkey  and  Uruguay  signed  the  Convention  with  reservation  of 
Article  15. 


iThe  deposit  of   ratifications  provided  for  in  Article  52,  paragraph  2  (ante,  p. 
200)  has  not  yet  taken  place. 


CONVENTION  (XIII)  CONCERNING  THE  RIGHTS  AND  DUTIES  OF 
NEUTRAL  POWERS  IN  NAVAL  WAR 

Signed  at  The  Hague,  October  18,  1907 

His  Majesty  the  German  Emperor,  King  of  Prussia;  [etc.]  : 

With  a  view  to   harmonizing  the   divergent  views   which,   in  the  Purpose  of 

"^  °  ^  Convention. 

event  of  naval  war,  are  still  held  on  the  relations  between  neutral 

Powers  and  belligerent   Powers,   and   to   anticipating  the   difficulties  / 

to  which  such  divergence  of  views  might  give  rise ; 

Seeing  that,  even  if  it  is  not  possible  at  present  to  concert  measures 
applicable  to  all  circumstances  which  may  in  practice  occur,  it  is 
nevertheless  undeniably  advantageous  to  frame,  as  far  as  possible, 
rules  of  general  application  to  meet  the  case  where  war  has  unfor- 
tunately broken  out ; 

Seeing  that,  in  cases  not  covered  by  the  present  Convention,  it  is 
expedient  to  take  into  consideration  the  general  principles  of  the 
law  of  nations ; 

Seeing  that  it  is  desirable  that  the  Powers  should  issue  detailed 
enactments  to  regulate  the  results  of  the  attitude  of  neutrality  when 
adopted  by  them; 

Seeing  that  it  is,  for  neutral  Powers,  an  admitted  duty  to  apply 
these  rules  impartially  to  the  several  belligerents ; 

Seeing  that,  in  this  category  of  ideas,  these  rules  should  not,  in 
principle,  be  altered,  in  the  course  of  the  war,  by  a  neutral  Power, 
except  in  a  case  where  experience  has  shown  the  necessity  for  such 
change  for  the  protection  of  the  rights  of  that  Power ; 

Have  aereed  to  observe  the  following  common  rules,  which  can  not  Piempo- 

°  .  .  tentianes. 

however  modify  provisions  laid  down  in  existing  general  treaties, 
and  have  appointed  as  their  plenipotentiaries,  namely: 

[Here  follow  the  names  of  plenipotentiaries.] 

Who,  after  having  deposited  their  full  powers,  found  in  good  and 
due  form,  have  agreed  upon  the  following  provisions: 


210 


CONVENTION  XIII  OF  1907 


Belligerents 
to  respect 
rights  of 
neutral  Powers. 


Article  1 

Belligerents  are  bound  to  respect  the  sovereign  rights  of  neutral 
Powers  and  to  abstain,  in  neutral  territory  or  neutral  waters,  from 
any  act  which  would,  if  knowingly  permitted  by  any  Power,  con- 
stitute a  violation  of  neutrality. 


Hostile  acts 
in  neutral 
waters 
forbidden. 


Release  of 
ships  captured: 
by  neutral 
Power; 


by  captor 
Government. 


Article  2 

Any  act  of  hostility,  including  capture  and  the  exercise  of  the 
right  of  search,  committed  by  belligerent  war-ships  in  the  territorial 
waters  of  a  neutral  Power,  constitutes  a  violation  of  neutrality  and  is 
strictly  forbidden. 

Article  3 

When  a  ship  has  been  captured  in  the  territorial  waters  of  a  neutral 
Power,  this  Power  must  employ,  if  the  prize  is  still  within  its  jurisdic- 
tion, the  means  at  its  disposal  to  release  the  prize  with  its  officers  and 
crew,  and  to  intern  the  prize  crew. 

If  the  prize  is  not  in  the  jurisdiction  of  the  neutral  Power,  the 
captor  Government,  on  the  demand  of  that  Power,  must  liberate  the 
prize  with  its  officers  and  crew.^ 


Prize  courts 
forbidden  in 
neutral 
territory. 


Article  4 

A  prize  court  can  not  be  set  up  by  a  belligerent  on  neutral  territory 
or  on  a  vessel  in  neutral  waters. 


Use  of  neutral 
ports  by 
belligerents 
forbidden. 


Article  5 

Belligerents  are  forbidden  to  use  neutral  ports  and  waters  as  a 
base  of  naval  operations  against  their  adversaries,  and  in  particular 
to  erect  wireless  telegraphy  stations  or  any  apparatus  for  the  purpose 
of  communicating  with  the  belligerent  forces  on  land  or  sea. 


War  supplies 
to  belligerents 
forbidden. 


Article  6 

The  supply,  in  any  manner,  directly  or  indirectly,  by  a  neutral 
Power  to  a  belligerent  Power,  of  war-ships,  ammunition,  or  war 
material  of  any  kind  whatever,  is  forbidden. 


iSee  the  reservation  of  the  United   States   respecting   this   paragraph,   post, 
p.  219. 


NEUTRAL  POWERS  IN  NAVAL  WAR  211 

Article  7 

A  neutral  Power  is  not  bound  to  prevent  the  export  or  transit,  for  Kig^tof 
the  use  of  either  belligerent,  of  arms,  ammunition,  or,  in  general,  of  avowed, 
anything  which  could  be  of  use  to  an  army  or  fleet. 

Article  8 

A  neutral  Government  is  bound  to  employ  the  means  at  its  dis-  ^"""hosuie*"^'' 
posal  to  prevent  the  fitting  out  or  arming  of  any  vessel  within  its  "^^*°j,^gd 
jurisdiction  which  it  has  reason  to  believe  is  intended  to  cruise,  or  by  neutral. 
engage  in  hostile  operations,  against  a  Power  with  which  that  Gov- 
ernment is  at  peace.     It  is  also  bound  to  display  the  same  vigilance  to 
prevent  the  departure  from  its  jurisdiction  of  any  vessel  intended  to 
cruise,  or  engage  in  hostile  operations,  which  had  been  adapted  en- 
tirely or  partly  within  the  said  jurisdiction  for  use  in  war. 

Article  9 

A  neutral  Power  must  apply  impartially  to  the  two  belligerents  impartiality  to 
the  conditions,  restrictions,  or  prohibitions  made  by  it  in  regard  to 
the  admission  into  its  ports,  roadsteads,  or  territorial  waters,  of  bel- 
ligerent war-ships  or  of  their  prizes. 

Nevertheless,  a  neutral  Power  may  forbid  a  belligerent  vessel  which  p,^°^^]*'°'^® 
has  failed  to  conform  to  the  orders  and  regulations  made  by  it,  or 
which  has  violated  neutrality,  to  enter  its  ports  or  roadsteads. 

Article  10^ 

The  neutrality  of  a   Power  is  not  affected  by  the  mere  passage  Jf^.^^^^^^ 

through   its   territorial   waters   of   war-ships   or   prizes  belonging  to  '^^^^^^^ 

belligerents.  allowed. 

Article  11- 

A  neutral   Power  may  allow  belligerent  war-ships  to   employ   its  P^ots. 
licensed  pilots. 

Article  12^ 

In  the  absence  of  special  provisions  to  the  contrary  in  the  legisla-  '^^™?°''^J7ts 
tion  of  a  neutral  Power,  belligerent  war-ships  are  not  permitted  to 
remain  in  the  ports,  roadsteads,  or  territorial  waters  of  the  said  Power 


^See  the  declaration  of  Turkey  as  to  the  Dardanelles  and  Bosphorus,  post, 
p.  219. 

^Germany  made  reservation  of  Article  IL 

3The  Dominican  Republic,  Germany,  Persia  and  Siam  made  reservation  of 
Article  12. 


212 


CONVENTION  XIII  OF  1907 


Departure  of 
war-ships  on 
outbreak  of 
hostilities. 


Detention  by 
reason  of 
damage,  etc. 


Vessels 
permitted 
to  remain. 


Maximum  of 
war-ships 
allowed 
in  ports. 


for  more  tHan  twenty-four  hours,  except  in  the  cases  covered  by  the 
present  Convention. 

Article  13^ 

If  a  Power  which  has  been  informed  of  the  outbreak  of  hostiHties 
learns  that  a  belligerent  war-ship  is  in  one  of  its  ports  or  roadsteads, 
or  in  its  territorial  waters,  it  must  notify  the  said  ship  to  depart 
within  twenty-four  hours  or  within  the  time  prescribed  by  local 
regulations. 

Article  14 

A  belligerent  war-ship  may  not  prolong  its  stay  in  a  neutral  port 
beyond  the  permissible  time  except  on  account  of  damage  or  stress  of 
weather.  It  must  depart  as  soon  as  the  cause  of  the  delay  is  at  an 
end. 

The  regulations  as  to  the  question  of  the  length  of  time  which 
these  vessels  may  remain  in  neutral  ports,  roadsteads,  or  waters,  do 
not  apply  to  war-ships  devoted  exclusively  to  religious,  scientific,  or 
philanthropic  purposes.^ 

Article  15 

In  the  absence  of  special  provisions  to  the  contrary  in  the  legisla- 
tion of  a  neutral  Power,  the  maximum  number  of  war-ships  belong- 
ing to  a  belligerent  which  may  be  in  one  of  the  ports  or  roadsteads  of 
that  Power  simultaneously  shall  be  three. 


Departure 
of  war-ships 
of  both 
belligerents. 


Order  of 
departure. 


Allowance  to 
merchant  ships. 


Article  16 

When  war-ships  belonging  to  both  belligerents  are  present  simul- 
taneously in  a  neutral  port  or  roadstead,  a  period  of  not  less  than 
twenty-four  hours  must  elapse  between  the  departure  of  the  ship 
belonging  to  one  belligerent  and  the  departure  of  the  ship  belonging 
to  the  other. 

The  order  of  departure  is  determined  by  the  order  of  arrival, 
unless  the  ship  which  arrived  first  is  so  circumstanced  that  an  exten- 
sion of  its  stay  is  permissible. 

A  belligerent  war-ship  may  not  leave  a  neutral  port  or  roadstead 
until  twenty-four  hours  after  the  departure  of  a  merchant  ship  flying 
the  flag  of  its  adversary. 


^Germany  made  reservation  of  Article  13. 
2China  made  reservation  of  this  paragraph. 


NEUTRAL  POWERS  IN  NAVAL  WAR  213 

Article  17 

In  neutral  ports  and  roadsteads  belligerent  war-ships  may  only  carry  Repajrs 
out  such  repairs  as  are  absolutely  necessary  to  render  them  seaworthy,  war-ships. 
and  may  not  add  in  any  manner  whatsoever  to  their  fighting  force. 
The   local   authorities   of  the   neutral   Power   shall   decide   what   re- 
pairs are  necessary,  and  these  must  be  carried  out  with  the  least  possible 
delay. 

Article  18 

Belligerent  war-ships  may  not  make  use  of  neutral   ports,   road-  ^jf^^j  °^  "^"tf*' 
steads,  or  territorial  waters  for  replenishing  or  increasing  their  sup-  ^^^^jiP^ 
plies   of   war  material   or  their  armament,   or   for  completing  their 
crews. 

Article  19^ 

Belligerent  war-ships  may  only  revictual  in  neutral  ports  or  road-  ^e^Jfit^g^^"^ 
steads  to  bring  up  their  supplies  to  the  peace  standard. 

Similarly  these  vessels  may  only  ship  sufficient  fuel  to  enable  them  ^"^'• 
to  reach  the  nearest  port  in  their  own  country.     They  may,  on  the 
other  hand,  fill  up  their  bunkers  built  to  carry  fuel,  when  in  neutral 
countries  which  have  adopted  this  method  of  determining  the  amount 
of  fuel  to  be  supplied. 

If,  in  accordance  with  the  law  of  the  neutral  Power,  the  ships  are  Time  for 

'  ■'^  coaling. 

not  supplied  with  coal  within  twenty-four  hours  of  their  arrival,  the 
permissible  duration  of  their  stay  is  extended  by  twenty-four  hours. 

Article  20^ 

Belligerent  war-ships  which  have  shipped  fuel  in  a  port  belonging  ^"*g|.o'ai^g 
to   a  neutral   Power  may  not   within   the   succeeding   three   months 
replenish  their  supply  in  a  port  of  the  same  Power. 

Article  2P 
A  prize  may  only  be  brought  into  a  neutral  port  on  account  of  unsea-  When  prizes 

r  J  J  &  r-  may  enter 

worthiness,  stress  of  weather,  or  want  of  fuel  or  provisions.  neutral  ports. 

It  must  leave  as  soon  as  the  circumstances  which  justified  its  entry  ^/^gf*!,"" 
are  at  an  end.     If  it  does  not,  the  neutral  Power  must  order  it  to 
leave  at  once;  should  it  fail  to  obey,  the  neutral  Power  must  employ 
the  means  at  its  disposal  to  release  it  with  its  officers  and  crew  and 
to  intern  the  prize  crew. 


iChina,  Great  Britain,  Japan,  Persia  and  Siam  made  reservation  of  Article  19. 
^Germany  made  reservation  of  Article  20. 
sPersia  made  reservation  of  Article  2L 


214 


CONVENTION  XIII  OF  1907 


Release 
of  prizes. 


Sequestration 
of  prizes. 


Prize  crews. 


Article  22 

A  neutral  Power  must,  similarly,  release  a  prize  brought  into  one 
of  its  ports  under  circumstances  other  than  those  referred  to  in 
Article  21. 

Article  23^ 

A  neutral  Power  may  allow  prizes  to  enter  its  ports  and  roadsteads, 
whether  under  convoy  or  not,  when  they  are  brought  there  to  be 
sequestrated  pending  the  decision  of  a  Prize  Court.  It  may  have  the 
prize  taken  to  another  of  its  ports. 

If  the  prize  is  convoyed  by  a  war-ship,  the  prize  crew  may  go  on 
board  the  convoying  ship. 

If  the  prize  is  not  under  convoy,  the  prize  crew  are  left  at  liberty. 


Detention  of 
war-ships 
refusing 
to  leave. 


Officers 
and  crew. 


Disposition. 


Officers 
paroled. 


Article  24 

If,  notwithstanding  the  notification  of  the  neutral  Power,  a  bel- 
ligerent ship  of  war  does  not  leave  a  port  where  it  is  not  entitled  to 
remain,  the  neutral  Power  is  entitled  to  take  such  measures  as  it  con- 
siders necessary  to  render  the  ship  incapable  of  taking  the  sea  during 
the  war,  and  the  commanding  officer  of  the  ship  must  facilitate  the 
execution  of  such  measures. 

When  a  belligerent  ship  is  detained  by  a  neutral  Power,  the  offi- 
cers and  crew  are  likewise  detained. 

The  officers  and  crew  thus  detained  may  be  left  in  the  ship  or 
kept  either  on  another  vessel  or  on  land,  and  may  be  subjected  to  the 
measures  of  restriction  which  it  may  appear  necessary  to  impose 
upon  them.  A  sufficient  number  of  men  for  looking  after  the  vessel 
must,  however,  be  always  left  on  board. 

The  officers  may  be  left  at  liberty  on  giving  their  word  not  to  quit 
the  neutral  territory  without  permission. 


Surveillance  by 
neutral  Powers. 


Article  25 

A  neutral  Power  is  bound  to  exercise  such  surveillance  as  the 
means  at  its  disposal  allow  to  prevent  any  violation  of  the  provisions 
of  the  above  articles  occurring  in  its  ports  or  roadsteads  or  in  its 
waters. 


^Reservations  as  to  this  article  were  made  by  Great  Britain,  Japan,  Siam  and 
the  United  States. 


NEUTRAL  POWERS  IN  NAVAL  WAR  215 

Article  26 
The  exercise  by  a  neutral  Power  of  the  rights  laid  down  in  the  Exercise  of 

-^  °  neutral  rights 

present  Convention  can  under  no  circumstances  be  considered  as  an  ?°'^?,""" 

'■  _  iriendly  act. 

unfriendly  act  by  one  or  other  belligerent  who  has  accepted  the  articles 
relating  thereto. 

Article  27^ 

The  contracting  Powers  shall  communicate  to  each  other  in  due  Promulgation 

°  of  laws,  etc., 

course   all   laws,   proclamations,   and  other  enactments   regulating   in  '"  ^°"^- 
their  respective  countries  the  status  of  belligerent  war-ships  in  their 
ports  and  waters,  by  means  of  a  communication  addressed  to  the  Gov- 
ernment of  the  Netherlands,  and  forwarded  immediately  by  that  Gov- 
ernment to  the  other  contracting  Powers. 

Article  28 

The  provisions  of  the  present  Convention  do  not  apply  except  be-  p°^g"^*'"^ 
tween  contracting  Powers,  and  then  only  if  all  the  belligerents  are  par-  only  affected. 
ties  to  the  Convention. 

Article  29 

The  present  Convention  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratifications  shall  be  deposited  at  The  Hague.  TheHa  u'e 

The  first  deposit  of  ratifications  shall  be  recorded  in  a  proces-verhal 
signed  by  the  representatives  of  the  Powers  which  take  part  therein 
and  by  the  Netherland  Minister  for  Foreign  Affairs, 

The  subsequent  deposits  of  ratifications  shall  be  made  by  means  of 
a  written  notification  addressed  to  the  Netherland  Government  and 
accompanied  by  the  instrument  of  ratification. 

A  duly  certified  copy  of  the  proces-verhal  relative  to  the  first  de-  [^%*o^*e^rs°P'^' 
posit  of  ratifications,  of  the  ratifications  mentioned  in  the  preceding 
paragraph,  as  well  as  of  the  instruments  of  ratification,  shall  be  at 
once  sent  by  the  Netherland  Government,  through  the  diplomatic 
channel,  to  the  Powers  invited  to  the  Second  Peace  Conference,  as 
well  as  to  the  other  Powers  which  have  adhered  to  the  Convention. 
In  the  cases  contemplated  in  the  preceding  paragraph,  the  said  Gov- 
ernment shall  inform  them  at  the  same  time  of  the  date  on  which  it 
received  the  notification. 


^China  made  reservation  of  this  article. 


216 


CONVENTION  XIII  OF  1907 


Adhesion  of 
non-signatory 
Powers. 
Notification 
of  intent. 


Communication 
to  other 
Powers. 


Article  30 

Non-signatory  Powers  may  adhere  to  the  present  Convention. 

The  Power  which  desires  to  adhere  notifies  in  writing  its  inten- 
tion to  the  Netherland  Government,  forwarding  to  it  the  act  of  adhe- 
sion, which  shall  be  deposited  in  the  archives  of  the  said  Government. 

That  Government  shall  at  once  transmit  to  all  the  other  Powers  a 
duly  certified  copy  of  the  notification  as  well  as  of  the  act  of  adhesion, 
mentioning  the  date  on  which  it  received  the  notification. 


Effect  of 
ratification. 


Article  31 

The  present  Convention  shall  come  into  force  in  the  case  of  the 
Powers  which  were  a  party  to  the  first  deposit  of  the  ratifications, 
sixty  days  after  the  date  of  the  proces-verhal  of  that  deposit,  and,  in 
the  case  of  the  Powers  who  ratify  subsequently  or  who  adhere,  sixty 
days  after  the  notification  of  their  ratification  or  of  their  decision 
has  been  received  by  the  Netherland  Government. 


Denunciation. 


Notifying 
Power  only 
affected. 


Register. 


Signing. 


Deposit 
of  original. 


Article  32 

In  the  event  of  one  of  the  contracting  Powers  wishing  to  denounce 
the  present  Convention,  the  denunciation  shall  be  notified  in  writing 
to  the  Netherland  Government,  who  shall  at  once  communicate  a  duly 
certified  copy  of  the  notification  to  all  the  other  Powers,  informing 
them  of  the  date  on  which  it  was  received. 

The  denunciation  shall  only  have  effect  in  regard  to  the  notifying 
Power,  and  one  year  after  the  notification  has  been  made  to  the  Nether- 
land Government. 

Article  33 

A  register  kept  by  the  Netherland  Ministry  for  Foreign  AfTairs 
shall  give  the  date  of  the  deposit  of  ratifications  made  by  Article  29, 
paragraphs  3  and  4,  as  well  as  the  date  on  which  the  notifications  of 
adhesion  (Article  30,  paragraph  2)  or  of  denunciation  (Article  o2, 
paragraph  1)  have  been  received. 

Each  contracting  Power  is  entitled  to  have  access  to  this  register  and 
to  be  supplied  with  duly  certified  extracts. 

In  faith  whereof  the  plenipotentiaries  have  appended  their  signa- 
tures to  the  present  Convention. 

Done  at  The  Hague,  the  18th  October,  1907,  in  a  single  copy,  which 


NEUTRAL  POWERS  IN  NAVAL  WAR 


217 


shall  remain  deposited  in  the  archives  of  the  Netherland  Government, 
and  duly  certified  copies  of  which  shall  be  sent,  through  the  diplo- 
matic channel,  to  the  Powers  which  have  been  invited  to  the  Second 
Peace  Conference. 

[Here  follow  signatures.] 


Certified  copies 
to  Powers. 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Convention  was  ratified  by  the  following  signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary November  27,  1909 

Belgium August  8,  1910 

Brazil January  5,  1914 

Denmark November  27,  1909 

France October  7,  1910 

Germany November  27,  1909 

Guatemala March  15,  191 1 

Haiti February  2,  1910 

Japan December  13,  191 1 

Luxemburg September  5,  1912 

Mexico November  27,  1909 

Netherlands  November  27,  1909 

Norway September  19,  1910 

Panama September  11,  1911 

Portugal April  13,  1911 

Roumania March  1,  1912 

Russia November  27,  1909 

Salvador November  27,  1909 

Siam March  12,  1910 

Sweden November  27,  1909 

Switzerland May  12,  1910 


Adhesions: 

China January  15,  1910 

Liberia February  4,  1914 

Nicaragua December  16,  1909 

United  States December  3,  1909 


218  CONVENTION  XIII  OF  1907 

The    following   Powers   signed   the   Convention   but   have  not   yet 
ratified : 

Argentine  Republic  Italy 

Bolivia  Montenegro 

Bulgaria  Paraguay 

Chile  Persia 

Colombia  Peru 

Dominican  Republic  Servia 

Ecuador  Turkey 

Great  Britain  Uruguay 

Greece  Venezuela 

Reservations:^ 
China 

Adhesion  with  reservation  of  paragraph  2  of  Article  14,  para- 
graph 3  of  Article  19,  and  of  Article  27. 

Dominican  Republic 

With  reservation  regarding  Article  12. 

Germany 

Under  reservation  of  Articles  11,  12,  13  and  20.* 

Great  Britain 

Under  reservation  of  Articles  19  and  23. 

Japan 

With  reservation  of  Articles  19  and  23.* 

Persia 

Under  reservation  of  Articles  12,  19  and  21. 

Siam 

Under  reservation  of  Articles  12,  19  and  23.* 

Turkey 

Under  reservation  of  the  declaration  concerning  Article  10 
contained  in  the  proccs-vcrhal  of  the  eighth  plenary  session, 
of  the  Conference  held  on  October  9,  1907. 


lAll  these  reservations,  except  those  of  Oiina  and  the  United  States,  were 
made  at  signature. 
^Reservation  maintained  at  ratification. 


NEUTRAL  POWERS  IN  NAVAL  WAR  219 

Extract  from  the  proccs-verbal: 

The  Ottoman  delegation  declares  that  the  straits  of  the  Dar- 
danelles and  the  Bosphorus  can  not  in  any  case  be  referred  to  by 
Article  10.  The  Imperial  Government  could  undertake  no  en- 
gagement whatever  tending  to  limit  its  undoubted  rights  over 
these  straits.! 

United  States 

The  act  of  adhesion  contains  the  following  reservation: 

That  the  United  States  adheres  to  the  said  Convention,  sub- 
ject to  the  reservation  and  exclusion  of  its  Article  23  and  with 
the  understanding  that  the  last  clause  of  Article  3  thereof  implies 
the  duty  of  a  neutral  Power  to  make  the  demand  therein  men- 
tioned for  the  return  of  a  ship  captured  within  the  neutral 
jurisdiction  and  no  longer  within  that  jurisdiction. 


^Statement  of  Turkhan  Pasha.    Actes  et  documents,  vol.  i,  p.  285. 


THE  HAGUE  DECLARATIONS  OF  1899  (IV,  1)  AND  1907  (XIV) 

PROHIBITING  THE  DISCHARGE  OF  PROJECTILES 

AND  EXPLOSIVES  FROM  BALLOONS 


International 
Declaration. 


Launching 
projectiles 
from  balloons, 
etc.,  prohibited. 


1899 

Declaration  (IV,  1)  to  pro- 
hibit for  the  term  of  five  years 
the  launching  of  projectiles  and 
explosives  from  balloons,  and 
other  new  methods  of  a  similar 
nature. — Signed  at  The  Hague, 
July  29,  1899. 

The  undersigned,  plenipotentia- 
ries of  the  Powers  represented  at 
the  International  Peace  Confer- 
ence at  The  Hague,  duly  author- 
ized to  that  effect  by  their  Govern- 
ments, inspired  by  the  sentiments 
which  found  expression  in  the 
Declaration  of  St.  Petersburg  of 
the  29th  November  (11th  Decem- 
ber), 1868, 


Declare  that: 

The  contracting  Powers  agree 
to  prohibit,  for  a  term  of  five 
years,  the  launching  of  projectiles 
and  explosives  from  balloons,  or 
by  other  new  methods  of  similar 
nature. 


1907 

Declaration  (XIV)  prohibiting 
the  discharge  of  projectiles  and 
explosives  from  balloons. — 
Signed  at  The  Hague,  October 
18,  1907.^ 


The  undersigned,  plenipotentia- 
ries of  the  Powers  invited  to  the 
Second  International  Peace  Con- 
ference at  The  Hague,  duly  au- 
thorized to  that  effect  by  their 
Governments,  inspired  by  the 
sentiments  which  found  expres- 
sion in  the  Declaration  of  St. 
Petersburg  of  the  29th  November 
(11th  December),  1868,  and  being 
desirous  of  renewing  the  declara- 
tion of  The  Hague  of  the  2pth 
July,  i8gp,  which  has  now  ex- 
pired. 

Declare : 

The  contracting  Powers  agree 
to  prohibit,  for  a  period  extend- 
ing to  the  close  of  the  Third  Peace 
Conference,  the  discharge  of  pro- 
jectiles and  explosives  from  bal- 
loons or  by  other  new  methods  of 
a  similar  nature. 


i^Italics  indicate  diflferences  between  the  Declarations  of  1899  and  1907. 


DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS         221 

1899  1907 

The  present  Declaration  is  only  The  present  Declaration  is  only  Powers  bound, 

binding  on  the  contracting  Powers  binding  on  the  contracting  Powers 

in  case  of   war  between  two  or  in  case   of    war  between  two  or 

more  of  them.  more  of  them. 

It  shall  cease  to  be  binding  from  It  shall  cease  to  be  binding  from   Exemption. 
the  time  when,  in  a  war  between  the  time  when,  in  a  war  between 
the  contracting  Powers,  one  of  the  the  contracting  Powers,  one  of  the 
belligerents  is  joined  by    a    non-  belligerents  is  joined  by    a    non- 
contracting  Power.  contracting  Power. 

The  present  Declaration  shall  be  The  present  Declaration  shall  be   Ratification, 

ratified  as  soon  as  possible.  ratified  as  soon  as  possible. 

The    ratifications    shall    be   de-  The    ratifications    shall    be    de-  Deposit  at 

The  Hague. 

posited  at  The  Hague.  posited  at  The  Hague. 

A  proces-verbal  shall  be  drawn  A  proces-verbal  shall  be  drawn   ^^p^^^^^"''''^® 

up  on  the  receipt  of  each  ratifica-  up   recording    the  receipt   of    the 

tion,  of  which  a  copy,  duly  certi-  ratifications,    of    which     a     duly 

fied,    shall    be    sent    through    the  certified     copy       shall     be     sent, 

diplomatic  channel  to  all  the  con-  through    the    diplomatic    channel, 

tracting  Powers.  to  all  the  contracting  Powers. 

The  non-signatory  Powers  may  Non-signatory  Powers  may  ad-  non'.sf  n^tm-y 
adhere  to  the  present  Declaration,  here  to  the  present  Declaration.  Powers. 
For  this  purpose  they  must  make  To  do  so,  they  must  make  known 
their  adhesion  known  to  the  con-  their  adhesion  to  the  contracting 
tracting  Powers  by  means  of  a  Powers  by  means  of  a  written  no- 
written  notification  addressed  to  tification,  addressed  to  the  Neth- 
the  Netherland  Government,  and  erland  Government,  and  com- 
communicated  by  it  to  all  the  other  municated  by  it  to  all  the  other 
contracting  Powers.  contracting  Powers. 

In  the  event  of  one  of  the  high  In  the  event  of  one  of  the  high  Denunciation, 
contracting  Parties  denouncing  contracting  Parties  denouncing 
the  present  Declaration,  such  de-  the  present  Declaration,  such  de- 
nunciation shall  not  take  efifect  nunciation  shall  not  take  effect 
until  a  year  after  the  notification  until  a  year  after  the  notification 
•made  in  writing  to  the  Netherland  made  in  writing  to  the  Netherland 
Government,  and  by  it  forthwith  Government,  and  forthwith  com- 
communicated  to  all  the  other  municated  by  it  to  all  the  other 
contracting  Powers.  contracting  Powers. 

This    denunciation    shall    only  This    denunciation    shall    only  p°4er*"^ 

affect  the  notifying  Power.  have  effect  in  regard  to  the  noti-  °"^  affected. 

fyinsr  Power. 


222         DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS 


Signing. 


Deposit 
of  original. 


]899 

In  faith  of  which  the  plenipo- 
tentiaries have  signed  the  present 
Declaration,  and  affixed  their  seals 
thereto. 

Done  at  The  Hague,  the  29th 
July,  1899,  in  a  single  copy,  which 
shall  be  kept  in  the  archives  of  the 
Netherland  Government,  and  of 
which  copies,  duly  certified,  shall 
be  sent  through  the  diplomatic 
channel  to  the  contracting  Powers. 

[Here  follow  signatures.] 


1907 

In  faith  whereof  the  plenipo- 
tentiaries have  appended  their 
signatures  to  the  present  Declara- 
tion. 

Done  at  The  Hague,  the  i8th 
October,  iQoy,  in  a  single  copy, 
which  shall  remain  deposited  in 
the  archives  of  the  Netherland 
Government,  and  duly  certified 
copies  of  which  shall  be  sent, 
through  the  diplomatic  channel, 
to  the  contracting  Powers. 

[Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The   1899   Declaration  was  ratified    by    the    following    signatory 
Powers  on  the  dates  indicated : 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

China November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

Norway (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal September  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 


DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS         223 

Servia May  11,  1901 

Siam September  4,  1900 

Spain September  4,  1900 

Sweden  and  Norway September,  4,  1900 

Switzerland December  29,  1900 

United  States    September  4,  1900 


Adhesions:  none. 


Power  which  signed  but  did  not  ratify:  Turkey. 


Reservations;  none. 


The   1907   Declaration    was    ratified   by    the    following    signatory 
Powers  on  the  dates  indicated : 


Belgium August  8 

Bolivia November  27 

Brazil January  5 

China November  27 

Great    Britain November  27 

Haiti February  2 

Luxemburg September  5 

Netherlands November  27 

Norway September  19 

Panama September  1 1 

Portugal April  13 

Salvador November  27 

Siam March  12 

Switzerland May  12 

United   States November  27 


1910 
1909 
1914 
1909 
1909 
1910 
1912 
1909 
1910 
1911 
1911 
1909 
1910 
1910 
1909 


Adhesions: 

Liberia February  4,  1914 

Nicaragua December  16,  1909 


224         DECLARATIONS  ON  PROJECTILES  FROM  BALLOONS 

The   following  Powers   signed  the  Declaration  but  have  not  yet 
ratified : 

Argentine  Republic  Ecuador 

Austria-Hungary  Greece 

Bulgaria  Persia 

Colombia  Peru 

Cuba  Turkey 

Dominican  Republic  Uruguay 


Reservations:  none. 


Preamble. 


DECLARATION  (IV,  2)  CONCERNING  ASPHYXIATING  GASES 

Signed  at  The  Hague,  July  29,  1899 

The  undersigned,  plenipotentiaries  of  the  Powers  represented  at  the 
International  Peace  Conference  at  The  Hague,  duly  authorized  to  that 
efifect  by  their  Governments,  inspired  by  the  sentiments  which  found 
expression  in  the  Declaration  of  St.  Petersburg  of  the  29th  November 
(11th  December),  1868, 

Declare  as  follows : 

The  contracting  Powers  agree  to  abstain  from  the  use  of  projectiles 
the  sole  object  of  which  is  the  diffusion  of  asphyxiating  or  deleterious 
gases. 

The  present  Declaration  is  only  binding  on  the  contracting  Powers   Powers  bound, 
in  the  case  of  a  war  between  two  or  more  of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a  war  between 
the  contracting  Powers,  one  of  the  belligerents  shall  be  joined  by  a 
non-contracting  Power. 

The  present  Declaration  shall  be  ratified  as  soon  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  proces-verhal  shall  be  drawn  up  on  the  receipt  of  each  ratifica- 
tion, a  copy  of  which,  duly  certified,  shall  be  sent  through  the  diplo- 
matic channel  to  all  the  contracting  Powers. 

The  non-signatory  Powers  can  adhere  to  the  present  Declaration. 
For  this  purpose  they  must  make  their  adhesion  known  to  the  con- 
tracting Powers  by  means  of  a  written  notification  addressed  to  the 
Netherland  Government,  and  by  it  communicated  to  all  the  other  con- 
tracting Powers. 

In  the  event  of  one  of  the  high  contracting  Parties  denouncing 
the  present  Declaration,  such  denunciation  shall  not  take  effect  until 
a  year  after  the  notification  made  in  writing  to  the  Government  of  the 
Netherlands,  and  forthwith  communicated  by  it  to  all  the  other  con- 
tracting Powers. 

This  denunciation  shall  only  affect  the  notifying  Power.  SiTySeft^r^'' 


Abstention  from 
use  of  projectiles 
diffusing 
asphyxiating  gases. 


Exemption. 


Ratification. 

Deposit  at 
The  Hague. 

Notification 
to  Powers. 


Adhesion. 


Denunciation. 


226  DECLARATION  OF  1899  ON  ASPHYXIATING  GASES 

Signing.  In  faith  of  which  the   plenipotentiaries  have  signed    the    present 

Declaration,  and  affixed  their  seals  thereto. 
wig°niL°^  ^°"^  ^^  ^^^  Hague,  the  29th  July,  1899,  in  a  single  copy,  which  shall 

be  kept  in  the  archives  of  the  Netherland  Government,  and  copies  of 
Certified  copies  which,  duly  Certified,  shall  be  sent  by  the  diplomatic  channel  to  the 

to  Powers.  .      "^  j  sr  ^    >• 

contractmg  Powers. 

[Here  follow  signatures.] 


RATIFICATIONS,  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Declaration  was  ratified  by  all  the  signatory  Powers 
on  the  dates  indicated : 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

China November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

Norway (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Portugal September  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 

Servia May  11,  1901 

Siam September  4,  1900 

Spain September  4,  1900 

Sweden  and  Norway September  4,  1900 

Switzerland December  29,  1900 

Turkey June  12,  1907 

Adhesions: 

Great  Britain August  30,  1907 

Nicaragua October  11,  1907 

Reservations:  none. 


DECLARATION   (IV,  3)  COIMCERNIIMG  EXPANDING  BULLETS 
Signed  at  The  Hague,  July  29,  1899 

The  undersigned,  plenipotentiaries  of  the  Powers  represented  at  the  Preamble. 
International  Peace  Conference  at  The  Hague,  duly  authorized  to  that 
effect  by  their  Goversjments,  inspired  by  the  sentiments  which  found 
expression  in  the  Declaration  of  St.  Petersburg  of  the  29th  November 
(11th  December),  1868, 

Declare  as  follows: 

The  contracting  Parties  agree  to  abstain  from  the  use  of  bullets  Abstention  from 

"  _    '^  .  use  of  expand- 

which  expand  or  flatten  easily  in  the  human  body,  such  as  bullets  with  Jng  buUets. 
a  hard  envelope  which  does  not  entirely  cover  the  core  or  is  pierced 
with  incisions. 

The  present  Declaration  is  only  binding  for  the  contracting  Powers  Powers  bound, 
in  the  case  of  a  war  between  two  or  more  of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a  war  between  Exemption. 
the    contracting    Powers,    one    of    the    belligerents    is    joined    by    a 
non-contracting  Power. 

The  present  Declaration  shall  be  ratified  as  soon  as  possible.  Ratification. 

The  ratification  shall  be  deposited  at  The  Hague.  The  Hag^ue. 

A  proces-verhal  shall  be  drawn  up  on  the  receipt  of  each  ratifica-  ^°po"g^s" 
tion,  a  copy  of  which,  duly  certified,  shall  be  sent  through  the  diplo- 
matic channel  to  all  the  contracting  Powers. 

The  non-signatory  Powers  may  adhere  to  the  present  Declaration.   Adhesion. 
For  this  purpose  they  must  make  their  adhesion  known  to  the  con- 
tracting Powers  by  means  of  a  written  notification  addressed  to  the 
Netherland  Government,  and  by  it  communicated  to  all  the  other  con- 
tracting Powers. 

In  the  event  of  one  of  the  high  contracting    Parties    denouncing  Denunciation. 
the  present  Declaration,  such  denunciation  shall  not  take  effect  until 
a  year  after  the  notification  made  in  writing  to  the  Netherland  Govern- 
ment, and  forthwith  communicated  by  it  to  all  the  other  contracting 
Powers. 

This  denunciation  shall  only  affect  the  notifying  Power.  o^n^JSte^d"'''" 


228  DECLARATION  OF  1899  ON  EXPANDING  BULLETS 

Signing.  i^   f^itl^   Qf   which   the  plenipotentiaries   have   signed    the  present 

Declaration,  and  have  affixed  their  seals  thereto. 
?ri^nll.°*  Do"e  at  The  Hague,  the  29th  July,  1899,  in  a  single  copy,  which  shall 

be  kept  in  the  archives  of  the  Netherland  Government,  and  of  which 
t?  PowJrs?"'^'  copies,  duly  certified,  shall  be  sent  through  the  diplomatic  channel  to 

the  contracting  Powers. 
[Here  follow  signatures.] 


RATIFICATIONS.  ADHESIONS  AND  RESERVATIONS 

The  foregoing  Declaration  was  ratified  by  all  the  signatory  Powers 
on  the  dates  indicated: 

Austria-Hungary September  4,  1900 

Belgium September  4,  1900 

Bulgaria September  4,  1900 

China November  21,  1904 

Denmark September  4,  1900 

France September  4,  1900 

Germany September  4,  1900 

Greece April  4,  1901 

Italy September  4,  1900 

Japan October  6,  1900 

Luxemburg July  12,  1901 

Mexico April  17,  1901 

Montenegro October  16,  1900 

Netherlands September  4,  1900 

Norway (See  Sweden  and  Norway.) 

Persia September  4,  1900 

Roumania September  4,  1900 

Russia September  4,  1900 

Servia May  11,  1901 

Siam September  4,  1900 

Spain September  4,  1900 

Sweden  and  Norway September  4,  1900 

Switzerland December  29,  1900 

Turkey June  12,  1907 

Adhesions: 

Great  Britain August  30,  1907 

Nicaragua October  11,  1907 

Portugal August  29,  1907 

Reservations:  none. 


SUMMARY 


OF  THE 


SIGNATURES,     RATIFICATIONS,     ADHESIONS 

AND  RESERVATIONS 


TO    THE 


CONVENTIONS  AND  DECLARATIONS  OF  THE 

FIRST  CONFERENCE 


230 


CONVENTIONS  AND  DECLARATIONS  OF  1899 


I 

II 

Ill 

IV(1) 

IV(2) 

IV(3) 

Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 

Conven- 
tion for 
the  pa- 
cific set- 
tlement 
of  inter- 
national 
disputes 

Conven- 
tion 
with 
respect 
to  the 
laws 
and 
customs 
of  war 
on  land 

Conven- 
tion for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of  the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 

Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 

Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 

Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 

Final 
Act 

Argrentine   Republic 

Adh.    June    17,    1907;    June 

'is.' 

Adh. 

S 

Rat. 
S 
Rat. 

Adh. 

S 

Rat. 
S 
Rat. 

Adh. 

S 

Rat. 
S 
Rat. 

1907,    as   to   Convention   I. 
Anetria-Hiiiicrarv        

S 

Rat. 
S 
Rat. 

S 

Rat. 
S 
Rat. 

S 

Rat. 
S 
Rat. 

S 

Rat.    Sept.   4,   1900 

Belcium 

S 

Rat.    Scot.   4.   1900 

Bolivia   

Adh.  Feb.  7,  1907;  June  15,1907, 
as  to  Convention  I. 
Brazil 

Adh. 

Adh. 

Adh. 

Adh.    Feb.    25,    1907;    June 
1907,   as   to   Convention   I. 
Bulgaria 

15, 

Adh. 

S 
Rat. 

Adh. 

S 
Rat. 

Adh. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 

Rat    Sent    4    1900          .             ... 

Chile               

Adh.    June    19,    1907;    June 
1907,   as  to   Convention   I. 
China                  ...            

IS, 

Adh. 

S 
Rat. 

Adh. 

Adh. 

I  s 

Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 

Rat.    Nov.    21,    1904;    Adh.    J 
12,   1907. 

une 

Adh. 

Adh.    Jan.    30,    1907;     June 
1907,   as  to   Convention  I. 

15, 

Adh. 

Adh. 

Adh. 

Adh.    June    15,    1907,    April 
1907,   and   June   29,    1907,    as 
Conventions    I,    II,    and    III, 
spectively. 
Denmark     

17, 
to 
re- 

Adh. 

S 
Rat. 

Adh. 

S 
Rat. 

Adh. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

s 

Rat     Sent.   4.    1900 

Adh.    June    15,    1907,    April 
1907,    and   June   29,    1907,    as 
Conventions    I,    II    and    III 

13, 

to 

re- 

Adh. 

Adh. 

Adh. 

Adh.  July  3,  1907,  July  31,  1907, 
and    Aug.    5,     1907,    as    to    Con- 
ventions    I,     II,     and     III,     re- 
spectively. 

Adh. 

S 
Rat. 

S 
Rat. 

Adh. 

S 

Rat. 
S 
Rat. 

Adh. 

S 

Rat. 

S       res. 
Rat. 

S 

Rat. 
S 
Rat. 

S 

Rat. 
S 
Rat. 

S 

Rat. 
S 
Rat. 

s 
s 

Rat.    Sept.   4,    1900 

Gernianv   

Rat.    Sept.    4,   1900 

I 


CONVENTIONS  AND  DECLARATIONS  OF  1899 


231 


Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 


Great    Britain     

Rat.  Sept.  4,  1900;  Adh.  Aug. 
30,  1907. 

Greece     

Rat.  Apr.  4,  1901 

Guatemala     

Adh.  June  IS,  1907,  May  2,  1906, 
and  Apr.  6,  1903,  as  to  Conven- 
tions I,  II,  and  III,  respectively. 


Haiti     

Adh.  June  IS,  1907,  May  24, 
1907,  and  June  29,  1907,  as  to 
Conventions  I,  II,  and  III,  re- 
spectively. 

Honduras     

Adh.  Aug.  21,   1906 

Italy     

Rat.   Sept.   4,   1900 

Japan    

Rat.    Oct.   6,   1900 

Korea    

Adh.  Mar.  17,  1903;  Feb.  7, 
1903,  as  to  Convention  III. 

Liuxemburg:    

Rat.  July   12,   1901 

Mexico    

Rat.   Apr.  17,   1901 

Montenegro    

Rat.  Oct.   16,  1900 

Netherlands    

Rat.    Sept.   4,   1900 

Nicaragua    

Adh.  June  IS,  1907,  as  to  Con- 
vention I;  May  17,  1907,  as  to 
Conventions  II  and  III;  Oct.  11, 
1907,  as  to  Declarations  2  and  3. 

Norwayi    

Rat.  Sept.  4,  1900;  July  5,  1907, 
as  to  Convention  II. 

Panama     

Adh.  June  IS,  1907,  July  20, 
1907,  and  July  22,  1907,  as  to 
Conventions  I,  II,  and  III,  re- 
spectively. 


Conven- 
tion for 
the  pa- 
cific set- 
tlement 
of  inter- 
national 
disputes 


S 
Rat. 

S 
Rat. 


Adh. 


Adh. 


S 

Rat 
S 
Rat. 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


Adh. 


S 
Rat. 


Adh. 


II 

Conven- 
tion 
with 
respect 
to  the 
laws 
and 
customs 
of  war 
on  land 


S 
Rat. 

S 
Rat. 


Adh. 


Adh. 


Adh. 

S 

Rat. 

S 

Rat. 


Adh. 

S 

Rat. 
S 
Rat. 

S 

Rat. 
S 
Rat. 


Adh. 


S 
Rat. 


Adh. 


Ill 

Conven- 
tion  for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of  the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 


IV(1) 

Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 


IV(2) 

Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 


S       res. 
Rat. 

S 
Rat. 


Adh. 


Adh. 


Adh. 

S 

Rat. 

S 

Rat. 


Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


Adh. 


S 
Rat. 


Adh. 


S 
Rat. 


S 

Rat. 
S 
Rat. 


S 

Rat. 

S 

Rat. 

S 

Rat 

S 

Rat. 


S 
Rat 


Adh. 

S 
Rat. 


S 

Rat. 
S 
Rat. 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


Adh. 


S 
Rat. 


IV(3) 

Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 


Final 
Act 


Adh 

S 
Rat. 


S 

Rat. 
S 
Rat 


S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 


Adh. 


S 
Rat. 


^See  footnote  on  p.  232. 


232 


CONVENTIONS  AND  DECLARATIONS  OF  1899 


Abbreviations 

S — signed. 
Rat. — ratified. 
Adh. — adhered. 
Res. — reservation. 

I 

Conven- 
tion for 
the  pa- 
cific set- 
tlement 
of  inter- 
national 
disputes 

II 

Conven- 
tion 
with 
respect 
to  the 
laws 
and 
customs 
of  war 
on  land 

Ill 

Conven- 
tion for 

the 
adapta- 
tion to 
mari- 
time 
warfare 
of  the 
prin- 
ciples of 

the 
Geneva 
Conven- 
tion 

IV(1) 

Declara- 
tion 
prohibit- 
ing the 
launch- 
ing of 
projec- 
tiles or 
explo- 
sives 
from 
balloons 

IV(2) 

Declara- 
tion con- 
cerning 
asphyx- 
iating 
gases 

IV(3) 

Declara- 
tion con- 
cerning 
expand- 
ing bul- 
lets 

Final 
Act 

Adh.    June    IS,     1907,    April    12, 
1907,   and   June   29,    1907,   as   to 
Conventions    I,    II,   and    III,   re- 
spectively. 
Persia      

Adh, 

S 
Rat. 

Adh. 

S 
Rat. 

Adh. 

S 
Rat. 

Rat. 

\ 

S 
Rat. 

L. 

s 

Rat    ScDt    4    1900 

Adh.    Nov.    24,    1903;    June    IS, 
1907,  as  to  Convention  I. 
Portugal 

Adh. 

S 
Rat. 

S       res. 
Rat.  res. 
S 
Rat. 

Adh. 

S 
Rat. 

S 

Rat. 
S 
Rat. 

Adh. 

S 
Rat. 

s 

Rat. 

S 

Rat. 

S 
Rat. 

S              1 

Rat. 

S 

Rat. 

S 
Rat. 

S 

Rat. 
S 
Rat. 

Adh. 

S 

Rat. 
S 
Rat. 

S 

Rat.    Sept.    4,    1900;    Adh.    Aug. 
29,  1907. 

S 

Rat      Sent     4      1900 

RUBSift 

S 

Rat     Sent    4     1900 

Adh.    June    20,    1902;    June    20, 
1907,  as  to  Convention  I. 

Adh. 

S       res. 

Rat.  res. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S      res. 
Rat. 

S       res. 
Rat.  res. 

Adh. 

S 

Rat. 
S 

Rat. 
S 

Rat. 
S 

Rat. 
1 

Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S       res. 

Rat. 

S       res. 

Rat. 

Adh. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat. 

S 
Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 

Rat. 

S 
Rat, 

S 
Rat. 

s 

Rat     Mav    11     1901 

s 

S 

s 

Rat.   Sent.   4.    1900 

Spain      ^ , 

Rat.    Sept.    4.    1900 

fiivedenl     

Rat.   Sept.  4,   1900;  July  S,  1907, 
as  to  Convention   II. 

S 

S 

Rat.    Dec.    29,    1900,    Adh.    June 
20,    1907. 

Adh. 

S 

Rat 
S 
Rat, 

Rat     Tune    12     1907 

United   States    

S 
Rat. 

s 

Rat.  Sept.  4,  1900;  Apr.  9,  1902, 

Adh.    June    21,    1906;    June    17, 
1907,   as  to  Convention  I. 
V^enezuelA 

Adh. 

Adh. 

Adh.     Mar.     1,     1907;     June     15, 

Adh. 

Adh. 

Adh. 

'Sweden  and  Norway  constituted  a  Union  until  1905. 
as  a  single  Power. 


Action   taken   by  them  prior   to   that   date   was   taken 


CONVENTIONS  AND  DECLARATIONS  OF  1899  233 

RESERVATIONS  AT  SIGNATURE^ 
CONVENTION  I 

Roumania.  Under  the  reservations  formulated  with  respect  to  Arti- 
cles 16,  17  and  19  of  the  present  Convention  (15,  16  and  18  of  the 
project  presented  by  the  committee  on  examination),  and  recorded 
in  the  proces-verbal  of  the  sitting  of  the  Third  Commission  of 
July  20,  1899. 

Extract  from  the  proces-verbal : 

The  Royal  Government  of  Roumania  being  completely  in  favor 
of  the  principle  of  facultative  arbitration,  of  which  it  appreciates  the 
great  importance  in  international  relations,  nevertheless  does  not  intend 
to  undertake,  by  Article  15,  an  engagement  to  accept  arbitration  in 
every  case  there  provided  for,  and  it  believes  it  ought  to  form  express 
reservations  in  that  respect. 

It  can  not  therefore  vote  for  this  article,  except  under  that 
reservation. 

The  Royal  Government  of  Roumania  declares  that  it  can  not  adhere 
to  Article  16  except  with  the  express  reservation,  entered  in  the  proces- 
verbal,  that  it  has  decided  not  to  accept,  in  any  case,  an  international 
arbitration  for  disagreements  or  disputes  previous  to  the  conclusion 
of  the  present  Convention. 

The  Royal  Government  of  Roumania  declares  that  in  adhering  to 
Article  18  of  the  Convention,  it  makes  no  engagement  in  regard  to 
obligatory  arbitration. 2 

Servia.  Under  the  reservations  recorded  in  the  proces-verbal  of  the 
Third  Commission  of  July  20,  1899. 

Extract  from  the  proces-verbal: 

In  the  name  of  the  Royal  Government  of  Servia,  we  have  the 
honor  to  declare  that  our  adoption  of  the  principle  of  good  offices  and 
mediation  does  not  imply  a  recognition  of  the  right  of  third  States 
to  use  these  means  except  with  the  extreme  reserve  which  proceedings 
of   this    delicate    nature    require. 

We  do  not  admit  good  offices  and  mediation  except  on  condition 
that  their  character  of  purely  friendly  counsel  is  maintained  fully  and 
completely,  and  we  never  could  accept  them  in  forms  and  circumstances 
such  as  to  impress  upon  them  the  character  of  intervention.^ 


^AU  these  reservations,   except  that  of  Turkey,  were  maintained   at   rati- 
fication. 

^Declaration  of  Mr.  Beldiman.     Proces-verbaux,  pt.  iv,  p.  48. 
^Declaration  of  Mr.  Miyatovitch.     Proces-verbaux,  pt.  iv,  p.  47. 


234  RESERVATIONS  AT  SIGNATURE 

CONVENTION  I   (Continued) 

Turkey.     Under  reservation  of  the  declaration  made  in  the  plenary 

sitting  of  the  Conference  of  July  25,  1899. 

Extract  from  the  proces-verbal: 

The  Turkish  delegation,  considering  that  the  work  of  this  Con- 
ference has  been  a  work  of  high  loyalty  and  humanity,  destined  solely 
to  assure  general  peace  by  safeguarding  the  interests  and  the  rights 
of  each  one,  declares,  in  the  name  of  its  Government,  that  it  adheres 
to  the  project  just  adopted,  on  the  following  conditions: 

1.  It  is  formally  understood  that  recourse  to  good  offices  and 
mediation,  to  commissions  of  inquiry  and  arbitration  is  purely  faculta- 
tive and  could  not  in  any  case  assume  an  obligatory  character  or 
degenerate  into  intervention; 

2.  The  Imperial  Government  itself  will  be  the  judge  of  the  cases 
where  its  interests  would  permit  it  to^  admit  these  methods  without 
its  abstention  or  refusal  to  have  recourse  to  them  being  considered 
by  the  signatory  States  as  an  unfriendly  act. 

It  goes  without  saying  that  in  no  case  could  the  means  in  question 
be  applied   to  questions  concerning   interior    regulation.^ 

United   States.     Under  reservation  of  the  declaration  made  at  the 
plenary  sitting  of  the  Conference  on  the  25th  of  July,  1899. 

Extract  from  the  proces-verbal: 

The  delegation  of  the  United  States  of  America  on  signing  the 
Convention  for  the  pacific  settlement  of  international  disputes,  as 
proposed  by  the  International  Peace  Conference,  makes  the  following 
declaration : 

Nothing  contained  in  this  Convention  shall  be  so  construed  as  to 
require  the  United  Statesi  of  America  to  depart  from  its  traditional 
policy  of  not  intruding  upon,  interfering  with,  or  entangling  itself 
in  the  political  questions  or  policy  or  internal  administration  of  any 
foreign  State;  nor  shall  anything  contained  in  the  said  Convention  be 
construed  to  imply  a  relinquishment  by  the  United  States  of  America 
of  its  traditional  attitude  toward  purely  American  questions.^ 

CONVENTION  III 
Germany,  Great  Britain,  Turkey  and  United  States  signed  with 
reservation  of  Article  10.  It  was  subsequently  agreed,  on  an 
understanding  reached  by  the  Government  of  the  Netherlands 
with  the  signatory  Powers,  to  exclude  Article  10  from  all  rati- 
fications of  the  Convention.' 


^Declaration  of  Turkhan  Pasha.  Proc^s-verbaux,  pt.  i.  p.  70.  This  reser- 
vation does  not  appear  in  the  instrument  of  ratification. 

^Proces-verbaux,  pt.  i,  p.  69.  Compare  the  reservation  of  the  United  States 
to  the  1907  Convention  I,  post,  p.  242. 

»U.  S.  Statutes  at  Large,  vol,  32,  p.  1837. 


SUMMARY 


OF  THE 


SIGNATURES,     RATIFICATIONS,     ADHESIONS 

AND    RESERVATIONS 


TO   THE 


CONVENTIONS  AND   DECLARATION  OF  THE 
SECOND  CONFERENCE 


236 


CONVENTIONS  AND  DECLARATION  OF  1907 


I         i 

II 

Ill 

IV 

V 

VI 

VII 

VIII 

Conven- 

Conven- 

Conven- 

Conven- 

("onven- 

Conven- 

Conven- 

Conven- 

tion for 

tion  re- 

tion  rel- 

tion re- 

tion re- 

tion re- 

tion re- 

tion rel- 

the pa- 

specting 

ative  to 

specting 

specting 

lating 

lating 

ative  to 

Abbreviations 

cific  set- 
tlement 

the  limi- 
tation 

the 
opening 

the  laws 
and  cus- 

the 
rights 

to  the 
status 

to  the 
conver- 

the lay- 
ing of 

S — signed. 

of 

of  the 

of  hos- 

toms of 

and 

of  enemy 

sion  of 

auto- 

Rat.— ratified 

interna- 

employ- 

tilities 

war  on 

duties 

mer- 

mer- 

matic 

Adh. — adhered. 

tional 

ment  of 

land 

of  neu- 

chant 

chant 

sub- 

Res.— reservation. 

disputes 

force 

tral 

ships 

ships 

marine 

for  the 

Powers 

at  the 

into  war- 

contact 

recovery 

and 

out- 

ships 

mines 

of  con- 

persons 

break  of 

tract 

in  case 

hostili- 

debts 

of  war 
on  land 

ties 

Argrentine     Republic . . 

S 

S       res. 

S 

S 

S       res. 

S 

S 

S 

Austria-Hnngary     

S 

S 

S 

S       res. 

S 

S 

s 

S 

Rat.    Nov.    27,    1909.. 

Rat. 

Rat. 

Rat. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Belgium     

s 

s 

s 

s 

S 
Rat. 

S 
Rat. 

S 
Rat. 

Rat.    Aug.    8,    1910... 

Rat. 

Rat. 

Rat. 

Rat. 

Bolivia     

s 

S       res 

s 

s 

s 

s 

S 

S 

Rat.   Nov.    27,    1909.. 

Rat. 

Rat. 

Rat. 

Rat. 

Brazil     

s 

s 

s 

S 
Rat. 

s 

Rat. 

S 
Rat. 

Rat.    Jan.    5,    1914... 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Bulgaria     

s 

s 

s 

s 

s 

s 

s 

S 
S 

Chile    

S      res. 

s 

S 

s 

S 

S 

S 

China     

S 
Rat. 

Adh. 

Adh. 

Adh. 

Rat.    Nov.    27,    1909.. 

Adh.    Jan.    15,    1910.. 

Colomhia     

S 
S 
Rat. 

S       res. 
S 


S 

s 

s 
s 

Rat. 

S 
S 
Rat. 

s 

s 

Rat. 

s 
s 

s 
s 

Cuba     

Rat.    Feb.    22,    1912.. 

Denmark     

S 
Rat. 

S 
Rat. 

s 

Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

s 

Rat. 

s 

Rat. 

Rat.    Nov.   27,   1909.. 

Dominican    Republic. . 

S 
S 

S 

S       res. 
S       res. 

S 

S 

s 
s 

S 
S 
S 

S 
S 

s 

S 
S 
S 

S      res. 

S 

S      res. 

Hcuador    

S 

s 

France     

Rat.    Oct.   7,   1910 

Rat. 

S 

Rat. 

S 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat.  res. 
S      res. 

Germany    

S 

ST      res. 

S 

S       res. 

S 

Rat.    Nov.    27,    1909.. 

Rat. 

Rat. 

Rat. 

Rat.  res. 

Rat. 

Rat.  res. 

Rat. 

Rat.  res. 

Great    Britain     

S 

S 

S 

S 

S       res. 

S 

S 

S       res. 

Rat.    Nov.    27,    1909.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat.  res. 

Greece    

S       res. 

S 

S       res. 
S       res. 

S 
S 

S 
S 

S 
S 

S 

S 

S 
S 

S 
S 

Guatemala    

Rat.    Mar.    IS,    1911.. 

Rat. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Haiti     

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

Rat.    Feb.    2,    1910... 

Italy     

S 

S 

S 

S 

S 

S 

s 

S 

Japan    

S       res. 

S 

S 

S       res. 

S 

S 

s 

s 

Rat.    Dec.    13,    1911.. 

Rat.  res. 

Rat. 

Rat. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Liberia    

Adh.   Feb.   4,    1914... 

■  ••••••• 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

liuxemburg    

S 

S 

S 

S 

S 

S 

S 

Rat.    Sept.    5,    1912.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Mexico    

S 

S 

S 

S 

S 

S 

S 

S 

Rat.    Nov.    27,    1909.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

CONVENTIONS  AND  DECLARATION  OF  1907 


237 


IX 

X 

XI 

XII 

XIII 

XIV 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

Declara- 

Final 

Protocol 

tion  con- 

tion  for 

tion  rel- 

tion rel- 

tion con- 

tion pro- 
hibiting 

Act 

of 

cerning 

the 

ative  to 

ative  to 

cerning 

Sep- 

bom- 

adapta- 

certain 

the 

the 

the 

tember 

bard- 

tion to 

restric- 

creation 

rights 

dis- 

19, 1910, 

ment  by- 

mari- 

tions 

of  an 

and 

charge 

addi- 

naval 

time 

with 

Interna- 

duties 

of  pro- 

tional to 

forces 

warfare 

regard 

tional 

of  neu- 

jectiles 

Hague 

in  time 

of  the 

to  the 

Prize 

tral 

and 

Conven- 

of war 

prin- 

exercise 

Court 

Powers 

explo- 

tion XII 

ciples 

of  the 

in  naval 

sives 

on  an 

of  the 

right  of 

war 

from 

Interna- 

Geneva 

capture 

balloons 

tional 

■"■~ 

Conven- 
tion 

in  naval 
war 

Prize 
Court 

S 

S 

S 

S 

s 

S 

S 

S 

Argentine   Republic 

s 

S 

S 

S 

s 

S 

S 

S 

Austria-Hungary 

Rat. 

S 

Rat. 

S 

Rat. 

S 

S 

Rat. 

S 

S 

S 

S 

Belgium 

Rat 

Rat. 

Rat. 

Rat. 

Rat. 

S 

S 

S 

S 

S 

S 

S 

S 

Bolivia 

Rat. 
S 

Rat. 
S 

S 

Rat. 
S 

S 

s 

Brazil 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

S 

S 

S 

S 

S 

S 

S 

S 

Bulgaria 

S       res. 

S 

S      res. 

S 

S       res. 

S 

s 

S 

S 

Chile 
China 

Adh. 
S 

Rat.  res. 
S 

Adh.  res. 
S 

Rat 

S 

s 

s 

s 

S 

Colombia 

S 

S 

s 

S       res. 

S 

s 

s 

Cuba 

Rat. 

Rat. 

S 

S 

s 

S 

S 

•  ••••••• 

s 

s 

Denmark 

Rat. 
S 

Rat. 

S 

Rat. 

S 

Rat. 
S       res. 

s 

s 

Dominican    Republic 

S 

s 

s 

S       res. 

S 

s 

s 

s 

Ecuador 

S       res. 

s 

s 

S 

S 

s 

s 

France 

Rat.  resT 

Rat. 

RatT 

Rat. 

S       res. 

,.-..-.- 

S       res. 

S 

s 

_^11^ 

s 

s 

Germany 

Rat.  res. 
S       res. 

_Rat. 
S      res. ' 

Rat. 

Rat.  res. 



- 

s    — 

S' 

S       res. 

s 

s 

s 

Great  Britain 

Rat.  res. 

Rat. 



Rat. 

S 

S 

S 

S          ^ 

~s~~ 

-^      "H 

Greece 

S 

S 

s 

S       res. 

S 

s 

s 

Guatemala 

Rat. 

S 

Rat. 
S 

Rat. 

S 

S       res. 

Rat. 

S 

s 

s 

s 

Haiti 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

S 

S 

S 

S 

S 

s 

s 

Italy 

S       res. 

S 

s 

S 

S       res. 

s 

s 

Japan 

Rat.  res. 

Rat. 

Rat. 

Rat.  res. 

Liberia 

Adh. 

Adh. 

Adh. 

Adh. 

S 

S 

S 

S 

S 

s 

Luxemburg 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

S 

S 

S 

s 

S 

s 

s 

Mexico 

Rat. 

Rat. 

Rat. 

Rat. 

238 


CONVENTIONS  AND  DECLARATION  OF  1907 


I 

II 

III 

IV 

V 

VI 

VII 

VIII 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

tion for 

tion  re- 

tion rel- 

tion re- 

tion re- 

tion re- 

tion re- 

tion rel- 

the pa- 

specting 

ative  to 

specting 

specting 

lating 

lating 

ative  to 

Abbreviations 

cific  set- 
tlement 

the  limi- 
tation 

the 
opening 

the  laws 
and  cus- 

the 
rights 

to  the 
status 

to  the 
conver- 

the lay- 
ing of 

S — signed. 
Rat ratified 

of 

of  the 

of  hos- 

toms of 

and 

of 

sion  of 

auto- 

interna- 

employ- 

tilities 

war  on 

duties 

enemy 

mer- 

matic 

Adh. — adhered. 
Res. — reservation. 

tional 
disputes 

ment  of 
force 

land 

of  neu- 
tral 

mer- 
chant 

chant 
ships 

sub- 
marine 

for  the 

2_ 

Powers 

ships 

into  war- 

contact 

J 

recovery 

and 

at  the 

ships 

mines 

of  con- 

persons 

out- 

tract 

in  case 

break  of 

debts 

of  war 
on  land 

hostili- 
ties 

Alonteiie&rro     

s 

s 

s 

S       res. 

s 

s 

s 

Netherlands     

s 

S 

S 

S 

S 

s 

s 

s 

Rat.    Nov.    27, 

1909.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Nicaragua     . . . 

Adh.    Dec.    16, 

1909. 

Adh. 

Adh. res. 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

s 

s 

s 

s 

s 

s 

s 

S 
Rat. 

Rat.    Sept.    19, 

1910.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Pa.iia.inai     ...... 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

S 
Rat. 

Rat.    Sept.    11, 

1911.. 

s 

s 

s 

S 

s 

s 

s 

s 

s 

Persia      

S 

s 

s 

s 

S 

s 

s 

Peru    

s 

s 
s 

s 

s 

s 

s 

s 

s 

s 

s 

s 

s 

s 

Rat.   April   13, 

1911.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Koumania     .... 

S       res. 

s 

s 

s 

S 

S 

s 

Rat.    Mar.    1, 

1912.. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Russia    

S 

S 

S 

S       res. 

S 

S       res. 

S 

Rat.    Nov.   27, 

1909.. 

Rat. 

Rat. 

Rat. 

Rat.  res. 

Rat. 

Rat.  res. 

Rat. 

Salvador     

s 

s 

s 

s 

s 

s 

S 
Rat. 

Rat.    Nov.    27, 

1909.. 

Rat. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Servia    

S 

s 

s 

s 

s 

S 

s 

s 

giam     

s 

s 

s 

s 

s 

s 

S       res. 
Rat.  res. 

Rat.    Mar.    12, 

1910.. 

Rat. 

Rat. 

Rat. 

Rat 

Rat. 

Rat. 

Spain    

s 

s 

s 

s 

s 

s 

Rat.    Mar.    18, 

1913.. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Adh.   Feb.   24, 

1913. 

Sweden    

S 

S 

S 

S 

S 

S 

Rat.    Nov.    27, 

1909; 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

and  July   13,   1911,  as 

regards    Cor 
X. 
Switzerland     . . 

ivention 

S       res. 

s 

S 

s 

s 

s 

s 

Rat.    May    12, 

1910.. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Rat. 

Turkey     

S       res. 

S 

S 

S       res. 

S 

S 

S     res. 

S     res. 

United    States 

S       res. 

S 

S 

S 

S 

S 

Rat.    Nov.    27, 

1909; 

Rat.  res. 

Rat.  res. 

Rat. 

Rat. 

Rat. 

Rat. 

Adh.   Dec.   3^ 

1909. 

Uruguay     

s 

S       res 

c 

s 

S 

s 

s 

s 

S 
S 

Venezuela     

S 

S 

s 

S 

CONVENTIONS  AND  DECLARATION  OF  1907 


239 


IX 

X 

XI 

XII 

XIII 

XIV 

Conven- 

Conven- 

Conven- 

Conven- 

Conven- 

Declara- 

Final 

Protocol 

tion  con- 

tion  for 

tion  rel- 

tion rel- 

tion con- 

tion pro- 

Act 

of 

cerning 

the 

ative   to 

ative  to 

cerning 

hibiting 

Se)- 
tember 

bom- 

adapta- 

certain 

the 

the 

the 

bard- 

tion to 

restric- 

creation 

rights 

dis- 

19, 1910, 

ment  by 

mari- 

tions 

of  an 

and 

charge 

addi- 

naval 

time 

with 

Interna- 

duties 

of  pro- 

tional to 

forces 

wariare 

regard 

tional 

of  neu- 

jectiles 

Hague 

in  time 

of  the 

to  the 

Prize 

tral 

and 

Conven- 

of war 

prin- 

exercise 

Court 

Powers 

explo- 

tion XII 

ciples 

of  the 

in  naval 

sives 

on  an 

of  the 

right   of 

war 

from 

Interna- 

Geneva 

capture 

balloons 

tional 

Conven- 

in naval 

Prize 

tion 

war 

Court 

^ 

S 

S 

S 

S 

Montenegro 

S 

s 

S 

S 

S 

S 

S 

S 

Netherlands 

Rat. 

Rat 
1 

Rat. 

Rat. 

Rat 

S 

Nicaragua 

Adh. 

Adh. 

Adh. 

Adh. 

Adh. 

S 

S 

S 

s 

S 

S 

S 

S 

Norway 

Rat. 

Rat 

Rat. 

Rat 

Rat. 

S 

S 

S 

s 

S 

S 

s 

1  s 

Panama 

Rat. 

Rat 

Rat. 

Rat 

Rat 

s 

s 

s 

s 

S 

s 

Paraguay 
Persia 

S 

S       res. 

S 

S       res. 

S      res 

S 

s 

s 

s 

S 

s 

S 

S 

S 

s 

s 

Peru 

s 

S 

s 

S 

S 

s 

s 

s 

Portugal 

Rat. 

Rat 

Rat. 

Rat. 

Rat 

S. 

S 

S 

S 

s 

Roumania 

Rat. 
S 

Rat 
S 

Rat. 

Rat. 

S 

s 

Russia 

Rat 

Rat 

'•»•••••■ 

Rat. 

S 

S 

S 

S       res. 

rs 

S 

s 

/  s 

Salvador 

Rat 

Rat 

Rat. 

Rat. 

Rat. 

S 

S 

S 

S 

s 

Serbia 

S 

S 

S 

S       res. 

S      res. 

S 

s 

s 

Siam 

Rat 

Rat 

Rat. 

Rat  res. 

Rat. 

S 

S 

S 

s 

s 

Spain 

Adh. 

Rat. 

Rat 

S 

S 

S 

S 

S 

s 

s 

Sweden 

Rat 

Rat 

Rat. 

Rat. 

S 

S 

S 

S 

S 

S 

S      res. 

s 

Switzerland 

Rat 

Rat 

Rat. 

Rat. 

Rat. 

S 

S      res. 

S 

S       res. 

S      res. 

S 

S 

s 

Turkey 

S 

S 

S 

S 

S 

S 

s 

United   States 

Rat 

Rat 

Rat. 

Adh. res. 
S 

Rat. 

S 

s 

s 

S 

S 

S 

S       res. 

Uruguay 

s 

s 

S 

S 



s 

Venezuela 

240  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 
CONVENTION  I 
Brazil.     With  reservation  as  to  Article  53,  paragraphs  2,  3,  and  4. 

Chile.  Under  reservation  of  the  declaration  formulated  with  regard 
to  Article  39  in  the  seventh  meeting  of  the  First  Commission  on 
October  7. 

Extract  from  the  proces-verhal: 

The  delegation  of  Chile  desires  to  make  the  following  declaration 
in  the  name  of  its  Government  with  respect  to  this  article.  Our  dele- 
gation at  the  time  of  signing  the  Convention  of  1899  for  the  pacific 
settlement  of  international  disputes  did  so  with  the  reservation  that 
the  adhesion  of  its  Government  as  regards  Article  17  would  not  in- 
clude controversies  or  questions  prior  to  the  celebration  of  the  Con- 
vention. 

The  delegation  of  Chile  believes  it  to  be  its  duty  to-day  to  renew, 
with  respect  to  the  same  provision,  the  reservation  that  it  has  previously 
made,  although  it  may  not  be  strictly  necessary  in  view  of  the  similar 
character  of  the  provision.^ 

Greece.     With  the  reservation  of  paragraph  2  of  Article  53. 

Japan.  With  reservation  ofj  paragraphs  3  and  4  of  Article  48,  of 
paragraph  2  of  Article  53,  and  of  Article  54. 

Roumania.  With  the  same  reservations  formulated  by  the  Rouma- 
nian plenipotentiaries  on  signing  the  Convention  for  the  pacific 
settlement  of  international  disputes  of  July  29,  1899.^ 

Switzerland.     Under  reservation  of  Article  53,  number  2. 

Turkey.  Under  reservation  of  the  declarations  recorded  in  the 
proces-verbal  of  the  ninth  plenary  session  of  the  Conference  held 
On  October  16,  1907.     (Continued,  p.  242.) 


^Statement  of  Mr.  Domingo  Gana.    Actes  et  documents,  vol.  ii,  p.  121. 
^See  ante,  p.  233, 


RESERVATIONS  TO  THE  1907  CONVENTIONS  241 

RESERVATIONS  AT  RATIFICATION 
CONVENTION  I 
Brazil.     Reservation  maintained  in  the  act  of  ratification. 

Chile.     [Not  yet  ratified.] 


Greece.     [Not  yet  ratified.] 

Japan.     Reservation  maintained  in  the  act  of  ratification. 

Roumania.     Reservations  maintained  in  the  act  of  ratification. 


Switzerland.     Reservation  maintained  in  the  act  of  ratification. 
Turkey.     [Not  yet  ratified.] 


242  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  I   (Continued) 

Turkey  (Continued  from  p.  240) 

Extract  from  the  proces-verhal: 

The  Ottoman  delegation  declares,  in  the  name  of  its  Government, 
that  while  it  is  not  unmindful  of  the  beneficent  influence  which  good 
offices,  mediation,  commissions  of  inquiry,  and  arbitration  are  able  to 
exercise  on  the  maintenance  of  the  pacific  relations  between  States, 
in  giving  its/  adhesion  to  the  whole  of  the  draft,  it  does  so  on  the 
understanding  that  such  methods  remain,  as  before,  purely  optional; 
it  could  in  no  case  recognize  them  as  having  an  obligatory  character 
rendering  them  susceptible  of  leading  directly  or  indirectly  to  an 
intervention. 

The  Imperial  Government  proposes  to  remain  the  sole  judge  of 
the  occasions  when  it  shall  be  necessary  to  have  recourse  to  the  different 
proceedings  or  to  accept  them  without  its  determination  on  the  point 
being  liable  to  be  viewed  by  the  signatory  States  as  an  unfriendly  act. 

It  is  unnecessary  to  add  that  such  methods  should  never  be  applied 
in  cases  of  internal  order.^ 

United  States.     Under  reservation  of  the  declaration  made  in  the 
plenary  session  of  the  Conference  held  on  October  16,  1907. 

Extract  from  the  proces-verhal: 

The  delegation  of  the  United  States  renews  the  reservation  made 
in  1899  on  the  subject  of  Article  48  of  the  Convention  for  the  pacific 
settlement  of  international  disputes  in  the  form  of  the  following 
declaration : 

Nothing  contained  in  this  Convention  shall  be  so  construed  as  to 
require  the  United  States  of  America  to  depart  from  its  traditional 
policy  of  not  intruding  upon,  interfering  with,  or  entangling  itself  in 
the  political  questions  of  policy  or  internal  administration  of  any  for- 
eign State;  nor  shall  anything  contained  in  the  said  Convention  be 
construed  to  imply  a  relinquishment  by  the  United  States  of  its  tra- 
ditional attitude  toward  purely  American  questions.^ 


CONVENTION  II 

Argentine  Republic.     The  Argentine  Republic  makes  the  following 
reservations : 

1.     With  regard  to  debts  arising  from  ordinary  contracts  between 
the  citizen  or  subject  of  a  nation  and  a  foreign  Government,  recourse 
(Continued,  p.  244.) 


1  Statements  of  Turkhan  Pasha.    Actes  et  documents,  vol.  i,  p.  336. 
^Statement  of  Mr.  David  Jayne  Hill.    Actes  ct  documents,  vol.  i,  p.  335. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  243 

RESERVATIONS  AT  RATIFICATION 
CONVENTION  I   (Continued) 


United   States.     Reservation  iraintained   in  the  act  of    ratification, 
which  contains,  besides,  the  following  reservation : 

That  the  United  States  approves  this  Convention  with  the  understand- 
ing that  recourse  to  the  Permanent  Court  for  the  settlement  of  differ- 
ences can  be  had  only  by  agreement  thereto  through  general  or  special 
treaties  of  arbitration  heretofore  or  hereafter  concluded  between  the 
parties  in  dispute;  and  the  United  States  now  exercises  the  option  con- 
tained in  Article  53  of  said  Convention,  to  exclude  the  formulation  of 
the  compromis  by  the  Permanent  Court,  and  hereby  excludes  from  the 
competence  of  the  Permanent  Court  the  power  to  frame  the  compromis 
required  by  general  or  special  treaties  of  arbitration  concluded  or  here- 
after to  be  concluded  by  the  United  States,  and  further  expressly  de- 
clares that  the  compromis  required  by  any  treaty  of  arbitration  to  which 
the  United  States  may  be  a  party  shall  be  settled  only  by  agreement 
between  the  contracting  parties,  unless  such  treaty  shall  expressly  pro- 
vide otherwise. 

CONVENTION  II 
Argentine  Republic.     [Not  yet  ratified.] 


244  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  II  (Continued) 

Argentine  Republic  (Continued  from  p.  242) 

shall  not  be  had  to  arbitration  except  in  the  specific  case  of  denial 
of  justice  by  the  courts  of  the  country  which  made  the  contract,  the 
remedies  before  which  courts  must  first  have  been  exhausted. 

2.  Public  loans,  secured  by  bond  issues  and  constitutihg  the 
national  debt,  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 

Bolivia.     Under  the  reservation  stated  to  the  First  Commission. 

Extract  from  the  proces-verbal: 

It  seems  to  me,  therefore,  that  the  acceptance  of  the  proposition 
before  us  will  but  mean  the  legitimation  by  the  Peace  Conference  of  a 
certain  class  of  wars,  or  at  least  interventions  based  on  disputes  which 
relate  neither  to  the  honor  nor  vital  interests  of  the  creditor  States. 

In  consequence  of  these  forceful  reasons,  the  delegation  of  Bolivia 
regrets  not  to  give  its  entire  assent  to  the  proposition  under  discussion.^ 

Colombia.     Colombia  makes  the  following  reservations: 

It  does  not  agree  to  the  employment  of  force  in  any  case  for  the 
recovery  of  debts,  whatever  be  their  nature.  It  accepts  arbitration 
only  after  a  final  decision  has  been  rendered  by  the  courts  of  the 
debtor  nations. 

Dominican   Republic.     With   the   reservation   made   at  the  plenary 

session  of  October  16,  1907. 

Extract  from  the  proces-verbal: 

The  delegation  of  the  Dominican  Republic  confirms  its  favorable 
vote  on  the  proposal  of  the  delegation  of  the  United  States  relative 
to  the  limitation  of  the  employment  of  force  for  the  recovery  of 
contract  debts ;  but  it  renews  its  reservation  as  to  the  condition  con- 
tained in  this  part  of  the  clause:  "or  after  accepting  the  offer,  prevents 
any  compromis  from  being  agreed  on,"  as  its  interpretation  might  lead 
to  excessive  consequences  which  would  be  the  more  regrettable  as  they 
are  provided  for  and  avoided  in  the  plan  of  Article  53  of  the  new 
Convention   for  the  pacific   settlement  of   international   disputes.^ 

Ecuador.     With   the   reservations   made   at  the  plenary   session  of 
October  16,  1907. 

Extract  from  the  proces-verbal: 

The  delegation  of  Ecuador  will  vote  affirmatively  while  maintain- 
ing the  reservations  made  in  the  First  Commission.^ 

^Statement  of  Mr.  Claudio  Pinilla.  Actes  et  documents,  vol.  ii,  p.  142. 
^Statement  of  Mr.  Apolinar  Tejera.  Actes  et  documents,  vol.  i,  p.  337. 
^Statement  of  Mr.  Dorn  y  de  Alsua.    Actes  et  documents,  vol.  i,  p.  338. 


RESERVATIOKS  10  IHE  1907  CONVENTIONS  245 

RESERVATIONS  AT  RATIFICATION 
CONVENTION  II   (Continued) 


Bolivia.     [Not  yet  ratified.] 


Colombia.     [Not  yet  ratified.] 


Dominican  Republic.     [Not  yet  ratified.] 


Ecuador.     [Not  yet  ratified.] 


246  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  II  (Continued) 

Greece.  With  the  reservation  made  at  the  plenary  session  of  Octo- 
ber 16,  1907. 

Extract  from  the  proces-verbal: 

In  the  eighth  meeting  of  the  First  Commission  the  Greek  delega- 
tion, being  without  definite  instructions,  was  obliged  to  reserve  its  vote 
on  the  subject  of  the  proposition  of  the  United  States  of  America 
on  the  treatment  of  contract  debts.  We  are  to-day  in  a  position  to 
declare  that  the  Royal  Government  accepts  the  said  proposition,  which 
has  for  its  aim  the  doing  away,  by  peaceful  means,  of  differences 
between  nations  and  the  exclusion,  conformably  to  the  principles  of 
international  law,  of  the  employment  of  armed  force  outside  of  armed 
conflicts.  We  consider,  at  the  same  time,  that  the  provisions  contained 
in  paragraphs  2  and  3  of  the  text  voted  can  not  affect  existing  stipula- 
tions nor  laws  in  force  in  the  realm.i 

Guatemala.  1.  With  regard  to  debts  arising  from  ordinary  contracts 
between  the  citizens  or  subjects  of  a  nation  and  a  foreign  Govern- 
ment, recourse  shall  be  had  to  arbitration  only  in  case  of  denial 
of  justice  by  the  courts  of  the  country  which  made  the  con- 
tract, the  remedies  before  which  courts  must  first  have  been 
exhausted. 

2.  Public  loans  secured  by  bond  issues  and  constituting  na- 
tional debts  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 

Nicaragua.     [Not  a  signatory  Power.] 


^Statement  of  Mr.  Rangabe.    Actes  et  documents,  vol.  i,  p.  Z2)6. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  247 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  II   (Continued) 
Greece.     [Not  yet  ratified.] 


Guatemala.     1.  Reservation  maintained  in  the  act  of  ratification. 


2.  Reservation  maintained  in  the  act  of  ratification. 


Nicaragua.     The  act  of  adhesion  contains  the  following  reservations: 

(a)  With  regard  to  debts  arising  from  ordinary  contracts  between 
the  citizen  or  subject  of  a  nation  and  a  foreign  Government,  recourse 
shall  be  had  to  arbitration  only  in  the  specific  case  of  a  denial  of 
justice  by  the  courts  of  the  country  where  the  contract  was  made, 
the  remedies  before  which  courts  must  first  have  been  exhausted. 

(b)  Public  loans  secured  by  bond  issues  and  constituting  the 
national  debt  shall  in  no  case  give  rise  to  military  aggression  or  the 
material  occupation  of  the  soil  of  American  nations. 


248  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  II  (Continued) 

Peru.  Under  the  reservation  that  the  principles  laid  down  in  this 
Convention  shall  not  be  applicable  to  claims  or  differences  arising 
from  contracts  concluded  by  a  country  with  foreign  subjects 
when  it  has  been  expressly  stipulated  in  these  contracts  that  the 
claims  or  differences  must  be  submitted  to  the  judges  or  courts 
of  the  country. 

Salvador.  We  make  the  same  reservations  as  the  Argentine  Republic 
above.^ 

United  States.     [Signed  without  reservation.] 


Uruguay.  Under  reservation  of  the  second  paragraph  of  Article  1, 
because  the  delegation  considers  that  arbitration  may  always  be 
refused  as  a  matter  of  right  if  the  fundamental  law  of  the  debtor 
nation,  prior  to  the  contract  which  has  given  rise  to  the  doubts  or 
disputes,  or  this  contract  itself,  has  stipulated  that  such  doubts 
or  disputes  shall  be  settled  by  the  courts  of  the  said  nation. 

CONVENTION  IV 

Austria=Hungary.     Under  reservation  of  the  declaration  made  in  the 

plenary  session  of  the  Conference  of  August  17,  1907. 

Extract  from  the  proccs-verbal: 

The  delegation  of  Austria-Hungary  having  accepted  the  new 
Article  22a,  on  condition  that  Article  44  of  the  Convention  now  in 
force  be  maintained  as  it  is,  can  not  consent  to  the  Article  44a,  proposed 
by  the  Second  Commission.^ 


^Ante,  p.  242. 

2Statement  of  Mr.  Merey  von  Kapos-Mere.    Actes  et  documents,  vol.  i,  p.  86. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  249 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  II  (Continued) 
Peru.     [Not  yet  ratified.] 


Salvador.     Reservations  maintained  in  the  act  of  ratification. 


United    States.     The    act    of    ratification    contains    the    following 

reservation : 

That  the  United  States  approves  this  Convention  with  the  under- 
standing that  recourse  to  the  Permanent  Court  for  the  settlement  of 
the  differences  referred  to  in  said  Convention  can  be  had  only  by  agree- 
ment thereto  through  general  or  special  treaties  of  arbitration  hereto- 
fore or  hereafter  concluded  between  the  parties  in  dispute. 


Uruguay.     [Not  yet  ratified.] 


CONVENTION  IV 

Austria- Hungary.     Reservation  maintained  in  the  proces-verbal  of 
deposit  of  ratifications. 


250  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  IV  (Continued) 

Germany.  Under  reservation  of  Article  44  of  the  annexed  Regu- 
lations. 

Japan.     With  reservation  of  Article  44. 

Montenegro.  Under  the  reservations  formulated  as  to  Article  44 
of  the  Regulations  annexed  to  the  present  Convention  and  con- 
tained in  the  minutes  of  the  fourth  plenary  session  of  August 
17,  1907. 

Extract  from  the  proces-verhal: 

The  delegation  of  Montenegro  has  the  honor  to  declare  that  having 
accepted  the  new  Article  22a,  proposed  by  the  delegation  of  Germany, 
in  the  place  of  Article  44  of  the  existing  Regulations  of  1899,  it  makes 
reservations  on  the  subject  of  the  new  wording  of  the  said  Article  44a.' 

Russia.     Under  the  reservations  formulated  as  to  Article  44  of  the 

Regulations  annexed  to  the  present  Convention  and  contained  in 

the  minutes  of  the  fourth  plenary  session  of  August  17,  1907. 

Extract  from  the  proces-verhal: 

The  delegation  of  Russia  has  the  honor  to  declare  that  having 
accepted  the  new  Article  22a,  proposed  by  the  delegation  of  Germany, 
in  the  place  of  Article  44  of  the  existing  Regulations  of  1899,  it  makes 
reservations  on  the  subject  of  the  new  wording  of  the  said  Article  44a.2 

Turkey.     Under  reservation  of  Article  3. 

CONVENTION  V 

Argentine  Republic.     The  Argentine  Republic  makes  reservation  of 
Article  19. 

Great  Britain.     Under  reservation  of  Articles  16,  17  and  18. 


1  Statement  of  Mr.  Tcharykow.     Actes  et  documents,  vol.  i,  p.  86. 
^Statement  of  Mr.  Martens.    Actes  et  documents,  vol.  i,  p.  86. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  251 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  IV  (Continued) 
Germany.     Reservation  maintained  in  the  act  of  ratification. 

Japan.     Reservation  maintained  in  the  act  of  ratification. 
Montenegro.     [Not  yet  ratified.] 


Russia.     Reservations  maintained  in  the  act  of  ratification. 


Turkey.     [Not  yet  ratified.] 

CONVENTION  V 
Argentine  Republic.     [Not  yet  ratified.] 

Great  Britain.     [Not  yet  ratified.] 


252  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  VI 

Germany.  Under  reservation  of  Article  3  and  of  Article  4,  para- 
graph 2.^ 

Russia.  Under  the  reservations  made  as  to  Article  3  and  Article  4, 
paragraph  2,  of  the  present  Convention,  and  recorded  in  the 
minutes  of  the  seventh  plenary  session  of  September  27,  1907.^ 

CONVENTION  VII 

Turkey.     Under  reservation  of  the  declaration  made  at  the  eighth 

plenary  session  of  the  Conference  of  October  9,  1907. 

Extract  from  the  proces-verhal: 

The  Imperial  Ottoman  Government  does  not  engage  to  recognize 
as  vessels  of  war,  ships  which,  being  in  its  waters  or  on  the  high  seas 
under  a  merchant  flag,  are  converted  on  the  opening  of  hostilities.2 

CONVENTION  VIII 

Dominican  Republic.  With  reservation  as  to  the  first  paragraph  of 
Article  1. 

France.     Under  reservation  of  Article  2. 

Germany.     Under  reservation  of  Article  2. 

Great  Britain.     Under  reservation  of  the  following  declaration: 

In  affixing  their  signatures  to  the  above  Convention  the  British 
plenipotentiaries  declare  that  the  mere  fact  that  this  Convention  does 
not  prohibit  a  particular  act  or  proceeding  must  not  be  held  to  debar 
His  Britannic  Majesty's  Government  from  contesting  its  legitimacy. 


^The  German  and  Russian  delegations  considered  that  these  provisions  es- 
tablished an  inequality  between  States  in  imposing  financial  burdens  on  those 
Powers  which,  lacking  naval  stations  in  different  parts  of  the  world,  are  not  in  a 
position  to  take  vessels  which  they  have  seized  into  a  port,  but  find  themselves 
compelled  to  destroy  them.    Actes  et  documents,  vol.  i,  p.  236;  vol.  iii,  p.  918. 

^Actes  et  documents,  vol.  i,  p.  277. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  253 

RESERVATIONS  AT  RATIFICATION 
CONVENTION  VI 
Germany.     Reservation  maintained  in  the  act  of  ratification. 

Russia.     Reservations  maintained  in  the  act  of  ratification. 


CONVENTION  VII 
Turkey.     [Not  yet  ratified.] 


CONVENTION  VIII 
Dominican  Republic.     [Not  yet  ratified.] 

France.     Reservation  maintained  in  the  act  of  ratification. 

Germany.     Reservation  maintained  in  the  act  of  ratification. 
Great  Britain.     Reservation  maintained  in  the  act  of  ratification. 


254  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  VIII  (Continued) 
Siam.     Under  reservation  of  Article  1,  paragraph  1. 

Turkey.  Under  reservation  of  the  declarations  recorded  in  the 
proces-verbal  of  the  eighth  plenary  session  of  the  Conference  held 
on  October  9,  1907. 

Extract  from  the  proces-verbal: 

The  Imperial  Ottoman  delegation  can  not  at  the  present  time 
undertake  any  engagement  whatever  for  perfected  systems  which  are 
not  yet  universally  known.  *  *  *  The  Imperial  Otto^man  delegation 
believes  that  it  should  declare  that,  given  the  exceptional  situation 
created  by  treaties  in  force  of  the  straits  of  the  Dardanelles  and  the 
Bosphorus,  straits  which  are  an  integral  part  of  the  territory,  the 
Imperial  Government  could  not  in  any  way  subscribe  to  any  under- 
taking tending  to  limit  the  means  of  defense  that  it  may  deem  neces- 
sary to  employ  for  these  straits  in  case  of  war  or  with  the  aim  of 
causing  its  neutrality  to  be  respected.  *  *  *  The  Imperial  Ottoman 
delegation  can  not  at  the  present  time  take  part  in  any  engagement 
as  regards  the  conversion  mentioned  in  Article  6.^ 

CONVENTION  IX 

Chile.     Under  the  reservation  of  Article  3  made  at  the  fourth  plenary 

session  of  August  17. 

Extract  from  the  proces-verbal: 
The  delegation  of  Chile  makes  reservation  as  to  Article  3.2 

France.     Under  reservation  of  the  second  paragraph  of  Article  1. 

Germany.     Under  reservation  of  Article  1,  paragraph  2. 

Great  Britain.  Under  reservation  of  the  second  paragraph  of 
Article  1. 

Japan.     With  reservation  of  paragraph  2  of  Article  1. 

CONVENTION  X 

China.     Under  reservation  of  Article  21. 


^Statement  of  Turkhan  Pasha.    Actcs  et  documents,  vol.  i,  p.  280. 
^Statement  of  Mr.  Domingo  Gana.    Actes  et  documents,  vol.  i,  p.  90. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  255 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  VIII  (Continued) 
Siam.     Reservation  maintained  in  the  act  of  ratification. 

Turkey.     [Not  yet  ratified.] 


CONVENTION  IX 

Chile.     [Not  yet  ratified.] 


France.     Reservation  maintained  in  the  act  of  ratification. 

Germany.     Reservation  maintained  in  the  act  of  ratification. 
Great  Britain.     Reservation  maintained  in  the  act  of  ratification. 

Japan.     Reservation  maintained  in  the  act  of  ratification. 

CONVENTION  X 
China.     Reservation   maintained   in  the   act  of   ratification. 


256  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  X  (Continued) 

Great  Britain.     Under  reservation  of  Articles  6  and  21  and  of  the 

following  declaration: 

In  affixing  their  signatures  to  the  above  Convention,  the  British 
plenipotentiaries  declare  that  His  Majesty's  Government  understand 
Article  12  to  apply  only  to  the  case  of  combatants  rescued  during  or 
after  a  naval  engagement  in  which  they  have  taken  part. 

Persia.  Under  reservation  of  the  right,  admitted  by  the  Conference, 
to  use  the  Lion  and  Red  Sun  instead  of  and  in  the  place  of  the 
Red  Cross. 

Turkey.  Under  reservation  of  the  right  admitted  by  the  Peace  Con- 
ference to  use  the  Red  Crescent. 

CONVENTION   XII 

Chile.  Under  the  reservation  of  Article  15  made  at  the  sixth  plenary 
session  of  September  21. 

Cuba.     Under  reservation  of  Article  15. 

Ecuador.     Under  reservation  of  Article  15. 

Guatemala.     Under  the  reservations  made  concerning  Article  15. 

Haiti.     With  reservation  regarding  Article  15. 

Persia.     Under  reservation  of  Article  15. 

Salvador.     Under  reservation  of  Article  15. 

Siam.     Under  reservation  of  Article  15. 

Turkey.     Under  reservation  of  Article  15. 

Uruguay.     Under  reservation  of  Article  15. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  257 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  X  (Continued) 
Great  Britain.     [Not  yet  ratified.] 


Persia.     [Not  yet  ratified.] 

Turkey.      [Not  yet  ratified.] 

CONVENTION   XII 
Chile.     [Not  yet  ratified.] 

Cuba.     [Not  yet  ratified.] 
Ecuador.     [Not  yet  ratified.] 
Guatemala.     [Not  yet  ratified.] 

Haiti.     [Not  yet  ratified.] 

Persia.     [Not  yet  ratified.] 
Salvador.      [Not  yet  ratified.] 

Siam.     [Not  yet  ratified.] 
Turkey.     [Not  yet  ratified.] 
Uruguay.     [Not  yet  ratified.] 


258  RESERVATIONS  TO  THE  1907  CONVENTIONS 

RESERVATIONS  AT  SIGNATURE 

CONVENTION  XIII 
China.     [Not  a  signatory  Power.] 

Dominican  Republic.     With  reservation  regarding  Article  12. 

Germany.     Under  reservation  of  Articles  11,  12,  13  and  20. 

Great  Britain.     Under  reservation  of  Articles  19  and  23. 

Japan.     With  reservation  of  Articles  19  and  23. 

Persia.     Under  reservation  of  Articles  12,  19  and  21. 

Siam.     Under  reservation  of  Articles  12,  19,  and  23. 

Turkey.     Under  reservation  of  the  declaration  concerning  Article  10 

contained  in  the  proces-verhal  of  the  eighth  plenary  session  of  the 

Conference  held  on  October  9,  1907. 

Extract  from  the  proces-verbal: 

The  Ottoman  delegation  declares  that  the  straits  of  the  Dar- 
danelles and  the  Bosphorus  can  not  in  any  case  be  referred  to  by 
Article  10.  The  Imperial  Government  could  undertake  no  engagement 
whatever  tending  to  limit  its  undoubted  rights  over  these  straits. i 

United  States.     [Not  a  signatory  Power.] 


FINAL  ACT2 

Switzerland.     Under   reservation    of   J'a^u    No.    1,   which   the    Swiss 
Federal  Council  does  not  accept. 


^Statement  of  Turkhan  Pasha.     Actes  et  documents,  vol.  i,  p.  285. 
2The  Final  Act,  being  a  summary  of  the  proceedings  of  the  Conference,  is  not 
a  conventional  agreement  and  accordingly  is  not  ratified. 


RESERVATIONS  TO  THE  1907  CONVENTIONS  259 

RESERVATIONS  AT  RATIFICATION 

CONVENTION  XIII 

China.     Adhesion   with   reservation   of  paragraph  2   of   Article   14, 
paragraph  3  of  Article  19,  and  of  Article  27. 

Dominican  Republic.     [Not  yet  ratified.] 

Germany.     Reservation  maintained  in  the  act  of  ratification. 
Great  Britain.     [Not  yet  ratified.] 

Japan.     Reservation  maintained  in  the  act  of  ratification. 

Persia.     [Not  yet  ratified.] 

Siam.     Reservation  maintained  in  the  act  of  ratification. 

Turkey.     [Not  yet  ratified.] 


United   States.     The  act  of  adhesion  contains  the  following  reser- 
vation : 

That  the  United  States  adheres  to  the  said  Convention,  subject  to 
the  reservation  and  exclusion  of  its  Article  23  and  with  the  under- 
standing that  the  last  clause  of  Article  3  thereof  impHes  the  duty  of  a 
neutral  Power  to  make  the  demand  therein  mentioned  for  the  return 
of  a  ship  captured  within  the  neutral  jurisdiction  and  no  longer  within 
that   jurisdiction. 


INDEX  OF  PERSONS 

Page 

Abdullah  Pasha,  General,  delegate  of  Turkey  to  first  conference 24 

Ahmed  Khan  Sadig  ul  Mulk,  delegate  of  Persia  to  second  conference 19 

as  plenipotentiary  of  Persia,  signed  1910  additional  protocol 205 

Akiyama,  Major  General  Yoshifuru,  delegate  of  Japan  to  second  conference 15 

Alvarez    Calderon,    Manuel,    as    plenipotentiary    of    Peru,    signed    1910    additional 

protocol    205 

Amourel,  General,  delegate  of  Prance  to  second  conference 11 

Arag:o,  Rear-Admiral,  delegate  of  France  to  second  conference 11 

Arce,    Francisco    de,  as   plenipotentiary    of    Guatemala,    signed    1910    additional 

protocol    205 

Ardagh,  Sir  John  Charles,  delegate  of  Great  Britain  to  first  conference 12 

Ariga,  Nagao,  delegate  of  Japan  to  first  conference 15 

Aristarchi  Bey,  as  plenipotentiary  of  Turkey,  signed  1910  additional  protocol 206 

Asser,  Tobias  Michael  Carel,  delegate  of  Netherlands  to  first  and  second  con- 
ferences      IS,  17 

Bagner,  Arturo  de,  delegate  of  Spain  to  first  conference 10 

Barantzew,  Count,  delegate  of  Russia  to  first  conference 21 

Barbosa,  Kuy,  delegate  of  Brazil  to  second  conference 6 

Barra,  Francisco  Lie6n  de  la,  delegate  of  Mexico  to  second  conference 16 

Basily,  A.,  delegate  of  Russia  to  first  conference 21 

Batlle  y  Ordonez,  Jose,  delegate  of  Uruguay  to  second  conference 24 

Beaufort,  Willem  Hendrik  de,  delegate  of  Netherlands  to  second  conference 17 

Beer  Poortugael,  Jacobus  Catharinus  Cornells  den,  delegate  of  the  Netherlands  to 

first  and   second  conferences 17, 18 

Beernaert,  Augruste,  delegate  of  Belgium  to  first  and  second  conferences 5 

Behr,  Captain  F.,  delegate  of  Russia  to  second  conference 21 

Beldiman,  Alexandre,  delegate  of  Roumania  to  first  and  second  conferences 20 

Bhiivanarth  Nariibal,  Captain  Luang,  delegate  of  Siam  to  second  conference 22 

Bianco,  Chevalier  Auguste,  delegate  of  Italy  to  first  conference 14 

Bihourd,  Georges,  delegate  of  France  to  first  conference 11 

Bildt,  Baron  Carl  Nils  Daniel,  delegate  of  Sweden  and  Norway  to  first  conference..  23 

Bille,  Fr.  E.,  delegate  of  Denmark  to  first  conference 8 

Borel,  Colonel  Eugene,  delegate  of  Switzerland  to  second  conference 2.3 

Bourgeois,  L,gon,  delegate  of  France  to  first  and  second  conferences 10 

Brandstrom,  P.  H.  E.,  delegate  of  Sweden  to  first  conference 23 

Brun,  Constantin,  delegate  of  Denmark  to  second  conference 9 

Buchanan,   Sir  George  William,  as   plenipotentiary   of  Great  Britain,   signed  1910 

additional    protocol    205 

Buchanan,  William  I.,  delegate  of  United  States  to  second  conference 3 

Buquet,  Colonel  Sebastian,  delegate  of  Uruguay  to  second  conference 24 

Bustamante  y  Sirven,  Antonio  S&nchez  de,  delegate  of  Cuba  to  second  conference.  9 

Butler,  Charles  Henry,  delegate  of  United  States  to  second  conference 3 

Campa,     Miguel    Angel,     as     plenipotentiary     of     Cuba,     signed    1910     additional 

protocol     204 

Candamo,  Carlos  G.,  delegate  of  Peru  to  second  conference 19 

Carlin,  Gaston,  delegate  of  Switzerland  to  second  conference 23 

as  plenipotentiary  of  Switzerland,  signed  1910  additional  protocol 205 

Castenskjold,   John   Wilhelm   Grevenkop,    as    plenipotentiary    of   Denmark,    signed 

1910    additional    protocol 204 

Castiglia,  Captain  Francois,  delegate  of  Italy  to  second  conference 14 

Castilho,  Captain  Augusto  de,  delegate  of  Portugal  to  first  conference 20 

Castro,  Juan  Pedro,  delegate  of  Uruguay  to  second  conference 24 


262  INDEX    OF    PERSONS 

Page 

Chat'on,   Captain  Francisco,  delegate  of  Spain  to  second  conference 10 

Chang  Ching-tong,  delegate  of  China  to  second  conference S 

Chao  Hi-chin,  delegate  of  China  to  second  conference 8 

Chatidej    I'dom,  Major  General  Mom,  delegate  of  Siam  to  second  conference 22 

Choate,  Joseph  H.,  delegate  of  United  States  to  second  conference 2 

Coanda,  Colonel  Constantin,  delegate  of  Roumania  to  first  conference 20 

Cockerill,  Major  George  Kjrnaston,  delegate  of  Great  Britain  to  second  conference.  13 

Concha,  CSrlos,  delegate  of  Chile  to  second  conference 7 

Court,  Lieutenant  Colonel  C.  k.,  delegate  of  Great  Britain  to  first  conference 12 

Crowe.  Eyre,  delegate  of  Great  Britain  to  second  conference 12 

Crozier,  Captain  William,  delegate  of  United  States  to  first  conference 3 

Dalbemar,  Jean  Joseph,  delegate  of  Haiti  to  second  conference 13 

Davis,  Brigadier  General  George  B.,  delegate  of  United  States  to  second  conference.  3 

Uelyanni,  X.  P.,  delegate  of  Greece  to  first  conference 13 

Denison,  Henry  Willard,  delegate  of  Japan  to  second  conference 15 

Descamps,  £donard  Engene  Francois,  Baron,  delegate  of  Belgium  to  first  confer- 

enc-e    6 

Dimitrieff,  Commander  S.,  delegate  of  Bulgaria  to  second  conference 7 

Dorn  y  de  .4Jsua,  Enrique,  delegate  of  Ecuador  to  second  conference 10 

Drago,  Lnis  Maria,  delegate  of  Argentine  Republic  to  second  conference 4 

Ehrensvard,  Johan  Jacob  Albert,  as  plenipotentiary  of  Sweden,  signed  1910  addi- 
tional protocol  2(6 

Elles,  Sir  Edmond  Roche,  delegate  of  Great  Britain  to  second  conference 12 

Esteva,  Gonzalo  A.,  delegate  of  Mexico  to  second  conference 15 

Estonrnelles   de  Constant,  Paul  Henri  Benjamin,  Baron  d',  delegate  of  France  to 

first  and  second  conferences 11 

Eyschen,  Pan!,  delegate  of  Luxemburg  to  first  and  second  conferences 15 

Eysinga.  Jonkheer  W.  J.  M.  van,  delegate  of  the  Netherlands  to  second  conference.  18 

Fallon,  Baron  \.,  as  plenipotentiary  of  Belgium,  signed  1910  additional  protocol..  204 
Ferraz,   Lieutenant  Commander   Guilherme  Ivens,   delegate   of   Portugal  to   second 

conference    20 

Fisher,  Sir  John  A.,  delegate  of  Great  Britain  to  first  conference 12 

Foster,  John  Watson,  delegate  of  China  to  second  conference 8 

Fromageot,  Henri  Angnste,  delegate  of  France  to  second  conference 11 

Fry,  Sir  Edward,  delegate  of  Great  Britain  to  second  conference 12 

Fuente,  Gustavo  de  la,  delegate  of  Peru  to  second  conference 19 

Fusinato,  Guido,  delegate  of  Italy  to  second  conference 14 

Gana,  Domingo,  delegate  of  Chile  to  second  conference 7 

Garcia  Rosado,  Lieutenant  Colonel  Tomaz  Antonio,  delegate  of  Portugal  to  second 

conference    20 

Giesl  von  Gieslingen,  Baron  Wladimir,  delegate  of  Austria-Hungary  to  second  con- 
ference       5 

Gil    Fortoul,  Jos4,  delegate  of  Venezuela  to  second  conference 24 

Gilinsky,  Colonel,  delegate  of  Russia  to  first  conference 21 

Gomez  Carillo,  Enrique,  delegate  of  Guatemala  to  second  conference 13 

Goppert.  Dr.,  delegate  of  Germany  to  second  conference 2 

Grelle  Rogier,  Count  de,  delegate  of  Belgium  to  first  conference 6 

Grieg,  .Joachim,  delegate  of  Norway  to  second  conference 17 

Gross  von  Schwarzhoff,  Colonel,  delegate  of  Germany  to  first  conference 2 

GrouTtch,  General  Sava,  delegate  of  Servia  to  second  conferenc-e 22 

Guachalla,  Fernando  E.,  delegate  of  Bolivia  to  second  conference 6 

Gudenus,  Baron   Erwein,  as   plenipotentiary   of  Austria-Hungary,  signed  1910  ad- 
ditional   protocol    204 

Guesalaga,  Alejandro,   as   plenipotentiary  of  Argentine  Republic,   signed  1910  ad- 
ditional  protocol    204 

Guillaume,  Jean  Jnles  Gnstave  Paul,  Baron,   delegate  of  Belgium  to  second  con- 
ference       6 

Giindell,  Major  General  von,  delegate  of  Germany  to  second  conference 2 


INDEX    OF   PERSONS  263 

Page 
Gutierrez    Ponce,  Igrnacio,  as  plenipotentiary  of  Colombia,  signed  1910  additional 

protocol    204 

Hagrerup,  George  Francis,  delegate  of  Norway  to  second  conference 17 

as  plenipotentiary   of  Norway,  signed  1910  additional   protocol 205 

HammarslOoId,  Knut  Hjalmar  Leonard,  delegate  of  Sweden  to  second  conference.  23 

Haus,  Rear-Admiral  Antoine,  delegate  of  Austria-Hungary  to  second  conference...  5 

Hayasbi,  Baron  Tadasu,  delegate  of  Japan  to  first  conference 15 

Hedengren,  Colonel  David,  delegate  of  Sweden  to  second  conference 23 

Hellner,  Johannes,  delegate  of  Sweden   to   second   conference 23 

Helsmoortel,  John,  as  plenipotentiary  of  Salvador,  signed  1910  additional  protocol  205 

Hennebicq.  Leon,  delegate  of  Persia  to  second  conference 19 

Henriquez  i  Carvajal,  Francisco,  delegate  of  Dominican  Republic  to  second  con- 
ference       9 

Hessaptchieff,  Major  Christo,  delegate  of  Bulgaria  to  first  conference 7 

Heuvel,  Jules  van  den,  delegate  of  Belgium  to  second  conference 6 

Hill,  David  Jayne,  delegate  of  United  States  to  second  conference 3 

Hjulhammar,  Captain  C.  A.  M.  de,  delegate  of  Sweden  to  first  conference 23 

Holguin,  General  Jorgre,  delegate  of  Colombia  to  second  conference 8 

HoUs,  Frederick  W.,  delegate  of  United  States  to  first  conference 3 

Ho  Yen-cheng,  delegate  of  China  to  first  conference 8 

Hoo  Wei-teh,  delegate  of  China  to  first  conference 8 

Howard,  Sir  Henry,  delegate  of  Great  Britain  to  first  and  second  conferences 12 

Huber,  Professor  Max,  delegate  of  Switzerland  to  second  conference 23 

Hudicourt,  Pierre,  delegate  of  Haiti  to  second  conference 14 

Hurst,  Cecil  James  Harrington,  delegate  of  Great  Britain  to  second  conference...  12 
Jimenez,    Juan    Antonio,    as    plenipotentiary    of    Panama,    signed    1910     additional 

protocol     205 

Karandjouloff,  Ivan,  delegate  of  Bulgaria  to  second  conference 7 

Karnebeeli,  Jonliheer  A.  P.  C.  van,  delegate  of  Netherlands  to  first  conference 17 

Karnebeeli,    Jonkheer    Herman    Adriaan    van,    delegate    of    Netherlands    to    second 

conference    18 

Khuepach  zu  Reid,  Victor  von,  delegate  of  Austria-Hungary  to  first  conference 5 

Klint,  Commander  Gustaf  af,  delegate  of  Sweden  to  second  conference 23 

Konek  de  Norwall,  Emil,  delegate  of  Austria-Hungary  to  second  conference 5 

Konow,  W.,  delegate  of  Norway  to  first  conference 23 

Kriege,  Johannes,  delegate  of  Germany  to  second  conference 1 

Kiinzli,  Colonel  Arnold,  delegate  of  Switzerland  to  first  conference 23 

Lacaze,  Captain,  delegate  of  France  to  second  conference 11 

Lammasch,  Heinrich,  delegate  of  Austria-Hungary  to  first  and  second  conferences.  5 

Lange,  Christian  L>ou8,  delegate  of  Norway  to  second  conference 17 

Leger,  J.  N.,  delegate  of  Haiti  to  second  conference 14 

Loeff,  .J.  A.,  delegate  of  the  Netherlands  to  second  conference 18 

Lou  Tseng-tsiang,  delegate  of  China  to  first  and  second  conferences 8 

Low,  Seth,  delegate  of  United   States  to  first  conference 3 

Maccbio,  Baron  Carl  von,  delegate  of  Austria-Hungary  to  second  conference 4 

Macedo,  Count  de,  delegate  of  Portugal  to  first  conference 19 

Machain,  Eusebio,  delegate  of  Paraguay  to  second  conference 17 

Mahan,  Captain  Alfred  T.,  delegate  of  United  States  to  first  conference 3 

Marees  van  Swinderen,  Jonkheer  Reneke  de,  as  plenipotentiary  of  the  Netherlands, 

signed  1910  additional  protocol 205 

Marschall  von  Bieberstein,  Baron,  delegate  of  Germany  to  second  conference 1 

Martens,  Fedor  Fedorovich,  delegate  of  Montenegro  to  second  conference 16 

delegate  of  Russia  to  first  and  second  conferences 20 

Martin,  Captain  Juan  A.,  delegate  of  Argentine  Republic  to  second  conference 4 

Maschine,  Colonel,  delegate  of  Servia  to  first  conference 22 

Matheu,  Pedro  J.,  delegate  of  Salvador  to  second  conference 21 

Matte,  Augusto,  delegate  of  Chile  to  second  conference 7 

Maura  y  Gamazo,  Gabriel,  delegate  of  Spain  to  second  conference 10 


264  INDEX   OF   PERSONS 

Page 

Mavrocordato,  £d8:ard,  delegate  of  Roumania  to  second  conference 20 

Medina,  Crisanto,  delegate  of  Nicaragua  to  second  conference 16 

Mebemed  Pasha,  B.,  delegate  of  Turkey  to  first  and  second  conferences 24 

Merey  von  Kapos-M6re,  Gaetan,  delegate  of  Austria-Hungary  to  first  and  second 

conferences     5,  4 

Michelson,  Colonel,  delegate  of  Russia  to  second  conference 21 

Mier,  Sebasti&n  B.  de,  delegate  of  Mexico  to  first  and  second  conferences 15,16 

Militchevitch,  Michel  G.,  delegate  of  Servia  to  second  conference 22 

Milovanovitch,  3Iilovan  G.,  delegate  of  Servia  to  second  conference 22 

Miyatovitch,  Chedomille,  delegate  of  Servia  to  first  conference 22 

Monceau  de  Bergendal,  Count  Georges  du,  as  plenipotentiary  of  Paraguay,  signed 

1910    additional    protocol 205 

Montes,    General    Ismael,    as    plenipotentiary    of    Bolivia,    signed    1910    additional 

protocol    204 

Mont o jo,  J.  Jofre,  delegate  of  Spain  to  second  conference 10 

Motono,  Ichiro,  delegate  of  Japan  to  first  conference 15 

Mounier,  General,  delegate  of  France  to  first  conference 11 

Moura,  Tancredo  Burlamaqui  de,  delegate  of  Brazil  to  second  conference 7 

Miiller,  Felix  von,  as  plenipotentiary  of  Germany,  signed  1910  additional  protocol.  204 

Miinster,  Count,  delegate  of  Germany  to  first  conference 1 

Nelidow,  Alexander,  delegate  of  Montenegro  to  second  conference 16 

delegate  of  Russia  to  second  conference 20 

Nevifel,  Stanford,  delegate  of  United  States  to  first  conference 3 

Nigra,  Count  Costantino,  delegate  of  Italy  to  first  conference 14 

Noury  Bey,  Mehemed,  delegate  of  Turkey  to  first  conference 24 

Nuvatr,  Phya  Suriya,  delegate  of  Siam  to  first  conference 22 

Odier,  £douard,  delegate  of  Switzerland  to  first  conference 23 

Okolics&nyi  von    Okolicsna,  Alexander,  delegate  of  Austria-Hungary  to  first  con- 
ference       4 

Olarte,  Enrique,  as  plenipotentiary  of  Mexico,  signed  1910  additional  protocol 205 

Oliveira,  Alberto  d',  delegate  of  Portugal  to  second  conference 20 

Oordt,  Liieutenant  Colonel  H.  Ii.  van,  delegate  of  the  Netherlands  to  second  con- 
ference     18 

Orelli,  Corragioni  d',  delegate  of  Siam  to  first  and  second  conferences 22 

Ornellas,  Captain  Ayres  d',  delegate  of  Portugal  to  first  conference 20 

Ornellas  de  Vasconcellos,  Agostinho  d',  delegate  of  Portugal  to  first  conference....  19 

Ottley,  Captain  Charles  Langdale,  delegate  of  Great  Britain  to  second  conference.  12 

Ovtchinnikow,  Colonel,  delegate  of  Russia  to  first  and  second  conferences 21 

Papiniu,  Jean  N.,  delegate  of  Roumania  to  first  conference 20 

Pauncefote,  Sir  Julian,  delegate  of  Great  Britain  to  first  conference 12 

Pellet,  Eugene  Antoine  Marcellin,  delegate  of  France  to  second  conference 11 

as  plenipotentiary  of  France,  signed  1910  additional  protocol 205 

Pfiphau,  Rear- Admiral,  delegate  of  France  to  first  conference 11 

Perez  Triana,  Santiago,  delegate  of  Colombia  to  second  conference 8 

delegate  of  Salvador  to  second  conference 21 

Pinilla,  Claudio,  delegate  of  Bolivia  to  second  conference 6 

Pompilj,  Guido,  delegate  of  Italy  to  first  and  second  conferences 14 

Porras,  Belisario,  delegate  of  Panama  to  second  conference 17 

Porter,  Horace,  delegate  of  United  States  to  second  conference 3 

Prozor,  Maurice,  delegate  of  Russia  to  second  conference 21 

Puga   Borne,  Federico,  as  plenipotentiary  of  Chile,  signed  1910  additional  protocol.  204 

Quesada  y  Arostegui,  Gonzalo  de,  delegate  of  Cuba  to  second  conference 9 

Raffalovich,  A.,  delegate  of  Russia  to  first  conference 21 

Bahusen,  Eduard  Nicholaas,  delegate  of  Netherlands  to  first  conference 18 

Kaif  Bey,  delegate  of  Turkey  to  second  conference 24 

Bangab^,  C16on  Bizo,  delegate  of  Greece  to  second  conference 13 

Bangel  de  Sampaio,  Carlos,  as  plenipotentiary  of  Portugal,  signed  1910  additional 

protocol    205 


INDEX    OF    PERSONS  265 

Page 
Beay    (Donald   James   Mackay),   Lord,   delegate   of  Great   Britain    to   second   con- 
ference       12 

R6chid  Bey,  delegate  of  Turkey  to  second  conference 24 

Renault,  Louis,  delegate  of  France  to  first  and  second  conferences 11 

Rendon,  Victor  Manuel,  delegate  of  Ecuador  to  second  conference 10 

as  plenipotentiary  of  Ecuador,  signed  1910  additional  protocol 204 

Retzmann,  Lieutenant  Commander,  delegate  of  Germany  to  second  conference 2 

Reynolds,  General  Francisco,  delegate  of  Argentine  Republic  to  second  conference  4 

Rica  y  Calvo,  Jos6  de  la,  delegate  of  Spain  to  second  conference 10 

as  plenipotentiary  of  Spain,  signed  1910  additional  protocol 205 

Riza  Khan,  General  Mirza,  delegate  of  Persia  to  first  conference 19 

Robilant,  General  Marius  Nicolis  de,  delegate  of  Italy  to  second  conference 14 

Rodriguez  Larreta,  Carlos,  delegate  of  Argentine  Republic  to  second  conference...  4 

Roell,  Jonkheer  J.  A.,  delegate  of  the  Netherlands  to  second  conference 18 

Rolin,  Edouard,  delegate  of  Siam  to  first  conference 22 

Rose,  Uriah  M.,  delegate  of  United  States  to  second  conference 3 

Roth,  Dr.  Arnold,  delegate  of  Switzerland  to  first  conference 23 

S&enz  Pena,  Roque,  delegate  of  Argentine  Republic  to  second  conference 4 

Said  Bey,  Mehemmed,  delegate  of  Turkey  to  second  conference 24 

Sakamoto,  Captain  Tosbiatsu,  delegate  of  Japan  to  first  conference 15 

Sallier  de  la  Tour,  Count  Giuseppe,  Duke  of  Calvello,  as  plenipotentiary  of  Italy, 

signed    1910    additional    protocol 205 

Samad  Khan,  delegate  of  Persia  to  first  and  second  conferences 19 

Sampogrnaro,    Virgilio,    as    plenipotentiary    of    Uruguay,    signed    1910    additional 

protocol    206 

Sanguily,  Manuel,  delegate  of  Cuba  to  second  conference 9 

Santos  Lisboa,  Eduardo  Felix  Simoes  dos,  delegate  of  Brazil  to  second  conference.  6 

Sapountzakis,  Colonel  C,  delegate  of  Greece  to  second  conference 13 

Sato,  Aimaro,  delegate  of  Japan  to  second  conference 15 

as  plenipotentiary  of  Japan,  signed  1910  additional  protocol 205 

Satow,  Sir  Ernest  Mason,  delegate  of  Great  Britain  to  second  conference 12 

Scheine,  Captain,  delegate  of  Russia  to  first  conference 21 

Scheller,  Rear-Admiral  C.  F.,  delegate  of  Denmark  to  second  conference 9 

Schnack,  J.  G.  F.  von,  delegate  of  Denmark  to  first  conference 9 

Scott,  James  Brown,  delegate  of  United  States  to  second  conference 3 

as  plenipotentiary  of  United  States,  signed  1910  additional  protocol 204 

Segrave,    Commander   John    Roderick,    delegate    of   Great    Britain    to    second    con- 
ference       13 

Selir,  Count  de,  delegate  of  Portugal  to  first  and  second  conferences 20,19 

Serrallo,  Count  de,  delegate  of  Spain  to  first  conference 10 

Shimamura,  Rear-Admiral  Hayao,  delegate  of  Japan  to  second  conference 15 

Siben,  Lieutenant-Colonel,  delegate  of  France  to  second  conference 11 

Siegel,  Rear-Admiral,  delegate  of  Germany  to  first  and  second  conferences 2 

Soltyk,  Count  Stanislas,  delegate  of  Austria-Hungary  to  first  conference 5 

Soveral,  3Iarquis  de,  delegate  of  Portugal  to  second  conference 19 

Sperry,  Rear-Admiral  Charles  S.,  delegate  of  United  States  to  second  conference..  3 

Staal,  Baron,  delegate  of  Montenegro  to  first  conference 16 

delegate  of  Russia  to  first  conference 20 

Stancioif,  Dr.  Dimitri  I.,  delegate  of  Bulgaria  to  first  conference , 7 

as  plenipotentiary  of  Bulgaria,  signed  1910  additional  protocol 204 

Stengel,  Baron  von,  delegate  of  Germany  to  first  conference 1 

Streit,  Georges,  delegate  of  Greece  to  second  conference 13 

Sturdza,  Captain  Alexandre,  delegate  of  Roumania  to  second  conference 20 

Surie,  Lieutenant  H.  G.,  delegate  of  the  Netherlands  to  second  conference 18 

Sylvain,  Georges,  as  plenipotentiary   of  Haiti,   signed  1910  additional   protocol 205 

Szil&ssy  von  Szil&s  und  Pilis,  Julius,  delegate  of  Austria-Hungary  to  second  con- 
ference       5 

Tadema,  Captain  A.  P.,  delegate  of  the  Netherlands  to  first  conference 18 


266  INDEX   OF   PERSONS 

Page 

Tcharykow,  N.,  delegate  of  Montenegro  to  second  conference 16 

delegate  of  Russia  to  second  conference 21 

Tejera,  Apolinar,  delegate  of  the  Dominican   Republic  to  second  conference 0 

Tetu&n,  Duque  de,  delegate  of  Spain  to  first  conference 10 

Thaulow,  Major  General  J.  J.,  delegate  of  Norway  to  first  conference 23 

Tible  Alachado,  Jos6,  delegate  of  Guatemala  to  second  conference 13 

Ting,  Colonel  W.  S.  Y.,  delegate  of  China  to  second  conference 8 

Tornielli  Brusati   dl  Vergano,   Count   Giuseppe,   delegate   of   Italy   to   second   con- 
ference       14 

Trompowsky  Leitao  d'Almeida,  Colonel  Roberto,  delegate  of  Brazil  to  second  con- 
ference       7 

Tsien  Sun,  delegate  of  China  to  second  conference 8 

Tsudzuki,  Keiroku,  delegate  of  Japan  to  second  conference 15 

Turkhan  Pasha,  delegate  of  Turkey  to  first  and  second  conferences 24 

Uehara,  Colonel  Yusaku,  delegate  of  Japan  to  first  conference 15 

Vargas,  General  Marceliano,  delegate  of  Colombia  to  second  conference 8 

Vedel,  Axel,  delegate  of  Denmark  to  second  conference 9 

Veljkovitch,  Dr.  Voislave,  delegate  of  Servia  to  first  conference 22 

Villa  Urrutia,   Wenceslao  Ramirez   de,  delegate  of  Spain  to  first  and  second  con- 
ferences       10 

Villers,  Count  de,  delegate  of  Luxemburg  to  first  and  second  conferences 15 

Vinaroff,  Major  General  Vrban,  delegate  of  Bulgaria  to  second  conference 7 

Visuddha  Suriya    Sakdi,  Phya,  delegate  of  Siam  to  first  conference 22 

Visutr  Kosa,  Phya,  as  plenipotentiary  of  Siam,  signed  1910  additional  protocol...  205 

Weil,  Otto  Ritter  von,  delegate  of  Austria-Hungary  to  second  conference 5 

Welsersheimb,  Count  R.  von,  delegate  of  Austria-Hungary  to  first  conference 4 

White,  Andrew  D.,  delegate  of  United  States  to  first  conference 2 

Yang  Yti,  delegate  of  China  to  first  conference 8 

Yarde-BuUer,  Lieutenant  Colonel  Henry,  delegate  of  Great  Britain  to  second  con- 
ference       13 

Yermolow,  Major  General,  delegate  of  Russia  to   second   conference 21 

Zanninl,  Count  A.,  delegate  of  Italy  to  first  conference 14 

Zenil,  J^sus,  delegate  of  Mexico  to  first  conference Itj 

Zorn,  Dr.   Philipp  Karl  I^udwlg,  delegate  of  Germany   to   first  and   second  con- 
ferences       2 

Zuccari,  Chevalier  IjouIs,  delegate  of  Italy  to  first  conference 14 


INDEX-DIGEST 

Abbreviations 

a.... annex    (i.    e.,   the    Regulations   annexed   to   the    1899    Convention   II   and    1907   Conven- 
tion IV). 

d draft  convention  on  a  judicial  arbitration  court,  being  the  annex  to  the   1907  Final  Act. 

f Final  Act. 

(m)..  .modified    (appears   where   articles   of   a    1907    convention   are   modified    forms    of   same 
article  in  corresponding   1899  convention). 

(n)...new   (appears  where  articles  are  new,  though  the  conventions  in  which  they  appear  are 
revised   from    1899   conventions). 

p preamble. 

The   Roman   numerals  refer   to   the   numbers   of   the   conventions   as  given   in  the   Final 

Acts,  pp.  25  and  26. 
Italics  refer  to  the  article  numbers  of  the  various  conventions. 

Additional  protocol  to  prize  court  convention  Page 

signatory    powers     203 

text     204 

when  recourse  to  international  prize  court  is  only  in  an  action  for  damages,  / 206 

in  an  action  for  damages,  article  8  of  convention  XII  not  applicable,  2 206 

rules  of  procedure  in  action   in  damages,   ^ 206 

suit    for    damages    to    be    brought    by    written    declaration    addressed    to    international 

bureau,     5     206 

international    bureau    shall    notify   government    of    belligerent    captor    of    declaration    of 

action,   6    207 

transmission   of  case   to    international  bureau,  6 207 

transmission  of  record,  after  decision,  by  court  to  government  of  belligerent  captor,  7.  207 

additional    protocol    an    integral    part   of   convention    XII 207 

adherence  to  protocol  subordinated  to  adherence  to  convention,  9 207 

Adhesion  of  non-signatory  states  to  1899,  I,  and  1907,  I 

special  arrangements  regarding,   1899,   I,  60;   1907,  I,  9^(m) 79 

Adhesions 

conditions  of  adhesion  to   1899  convention  I,   1899,  I,  60 79 

conditions  of  adhesion  to  1907  convention  I,  1907,  I,  <)4 79 

to  prize  court  convention   and   protocol 207 

tables    of    229,  235 

Administration  of  territory 

occupant    of    enemy    country    can    levy    additional    money    taxes    only    for    army    needs 

and  for,   1899,   Ila,  49;   1907,   IVa,  49 124 

Administrative  council  at  The  Hague 

composed  of  diplomatic  representatives  of  the   powers,   1899,   I,  ^S 62 

controls    international    bureau,    1899,    I,    28 62 

duties  of,   1899,   I,  28;    1907,   I,  49(m) 62 

fulfils  same  duties   for  international  prize  court  as  for  permanent  court  of  arbitration, 

1907,    XII,    22 194 

fulfils  same  duties  for  judicial  arbitration  court  as  for  permanent  court  of  arbitration, 

1907,    d,i2     34 


268  INDEX-DIGEST 

Aeroplanes.     See  Aircraft.  Page 

Agents 

parties  may  appoint  agents  before  international  prize  court,   1907,   XII,   25 194 

also  permanent  court  of  arbitration,  1899,  I,  37;  1907,  I,  62 68 

Agricultural  works  belonging:  to  the  state 

treatment  of,   1899,   Ila,  55;    1907,   IVa,   55 126 

Aircraft 

declarations    prohibiting    launching    of    projectiles    and    explosives    from,    1899,    IV(1); 

1907,  XIV,  texts  (see  also  marginal  notes) 220 

signatory,   ratifying  and   adhering  powers 222,  223 

denunciation,    method    of    221 

bombardment  of  undefended  places,   1907,   IVa,  ^5(m) 117 

legitimate  uses  of,   1899,   Ila,  29;   1907,  IVa,  29 119 

seizure  of,  by  belligerent  in  occupied  territory,  1907,  IVa,  55(m) 126 

Aliens 

in  relation  to  military  charges,  vceu  concerning,  1907,  f 29 

Allegiance  to   occupying  enemy 

inhabitants  of  occupied  territory  need  not  swear,   1907,   IVa,   45 123 

Ammunition.     See  Munitions  of  war. 

Anchored  submarine  mines.     See  under  Mines. 

Angary 

neutral  railway  material  in  territory  of  belligerent,  1907,  V,  19 137 

Annual  report  of  judicial  arbitration  court 

shall  be  made  to  powers  and  judges,   1907,  d,  15 35 

Appeal 

to  international  prize  court  decided  by  local  law,  after  decision  of  national  prize  court, 

method   of,   1907,   XII,   6 190 

of  other  parties,   1907,   XII,  3S 196 

respondent  receives  copy  of,   1907,  XII,  32 196 

Arbitral  award, 

report  of  international  commission  of  inquiry  is  not  an,  1899,  I,  14;   1907,  I,  35 54 

Arbitral  justice.     See  Arbitration  court. 

Arbitration,   compulsory 

declaration   respecting,    1907,    f 27 

Arbitration  court,  judicial 

vceu  concerning   1907,   f ^° 

draft  convention    relative  to  the  creation  of  a,   1907,  d 31 

constitution     -"■ 

administrative  council  of  permanent  court  of  arbitration  exercises  same  functions 

with   respect  to  judicial  court  of  arbitration,   ii 34 

agreement    to    constitute,    1 31 

annual  report  shall  be  made  to  powers  and  judges,  15 35 

delegation,   organization   of  the,  6 32 

international  bureau  acts  as  registry  to  court,  13 34 

judges,    character    of,    2 ^'■ 

method   of   ranking,   4 32 

shall  serve  12  years,  3 32 


INDEX-DIGEST  269 

Page 

can  not  be  counsel   for  party  before   the  court,  7 33 

can  not  decide  cases  in  which  they  have  previously  taken  part,  7 33 

compensation     for,    9     33 

enjoy  diplomatic  privileges,  5 32 

may  also  be  judges   of  international   prize  court,   16 35 

receive   no   compensation   from   own   or    other   government,   10 34 

required    to    tJike    oath,    5 32 

meetings  of  court,  14 34 

president  of  court,   how   elected,  S 33 

sits   at  The   Hague,   // 34 

sits   elsewhere   with   consent   of   parties,   // 34 

vacancy,  manner   of  filling,   j 32 

competency    and   procedure    of 35 

contracting  powers  only  may  apply  to,  si 36 

costs,   how   paid,   2g 38 

court  follows  rules  in   1907,   I,  except  so  far  as  this  convention  provides,  22 36 

court  may  deal  with  all  cases  submitted  in  virtue  of  special  or  general  treaties,  ly .  .  35 

decision   is   made   by   majority,   27 37 

is  signed  by  president   and   registrar,  ^S 38 

must  contain   names   of  judges   taking  part,   2S 38 

must   give   reasons,   ^5    38 

delegation  can   decide  cases  by  summary   procedure,   iS 35 

each  party  nominates  a  judge  to  the,  20 36 

if   acting   as    commission    of    inquiry,    each    party   may    nominate    any    person    to 

the,    20     36 

may  draw  up  comproniis  if  parties  agree,  10 35 

or  in  case  of  dispute  governed  by  general  treaty,  19 36 

or  in  case  of  dispute  originating  from  contract  debts,  19 36 

may    hold    inquiry,    18 35 

method  of  voting  in,  30 38 

procedure,    30     38 

discussions  are  under  control  of  presiding  officer,  26 37 

expenses  of  the  court  are  borne  by  the  powers,  31 33 

international   bureau   serves   as   channel    for   communications   to   judges,   24 37 

langi:ages  to  be  used,  court  determines,  23 37 

modifications  to  present  convention,   court  may   propose,   33 38 

notices   to   be   served,   how,   25 37 

procedure,  court  draws  up  its  own,  32 38 

proceedings   are  secret,   27 37 

Arbitration,  international.  See  also  Arbitration  procedure;  International  commis- 
sions of  inquiry;  International  prize  court;  Arbitration  court,  judicial;  Arbi- 
tration, permanent  court. 

convention   for   the  pacific  settlement   of  international   disputes,    1899,   I;    1907,   1 41 

is    most   effective   in   questions    of    a   legal    nature    and    in    the    interpretation    of    inter- 
national conventions,  1899,   I,  16;   1907,  I,  38 55 

object,   1899,   I,  15;   1907,   I,  37 55 

obligation  to  submit  to  award,  1899,  I,  18;  1907,  I,  37(m) 56,  55 

of   contract    debts,    award    shall    determine   validity,    amount,    and   time    of   payment    of 

claim    in,    1907,    II,    2 89 

powers  should  have  recourse  to  international  arbitration,  1907,  I,  38(n) 55 

right  reserved   to   conclude   special   or   general   arbitration   treaties,    1899,   I,   /?;    1907, 

I,    40    56 

subjects  embraced  by  convention,  1899,  I,  17;   1907,  I,  39 56 

Arbitration,  permanent  court.     See  also  Administrative  council. 

arbitrators,  each   power  shall   select   four,   1899,   I,  23;    1907,   I,   44 58 

death   of  judge,  vacancy  shall  be  filled  in  manner  of  election   in  case  of,   1899,   I,  23; 

1907,    1,   44 58 


270  INDEX-DIGEST 

Page 

and  for  fresh  period  of  six  years,   1907,  I,  ^■^(m) 59 

iuteruational    bureau.      See   also   International   bureau. 

disputant  can  address  note  indicating  willingness  to  arbitrate  to,   1907,  I,  4^(n) 62 

is   at  disposal  of  any  board  of  arbitration,   1899,  I,  26;    1907,   I,  47(nO 61 

shall  be  record  office  of  court,   1899,  I,  22;   1907,  \,  43 57 

judge,  several  powers  may  select  the  same,  1899,  I,  2y,  1907,  \,  44 58 

judges,   enrolment  of,    1899,   I,  2r,    1907,  I,  .^^(m) 58 

maintenance   of,    1907,    I,   ^/(m) 57 

members  have   diplomatic   immunities,   1899,   I,  24;    1907,   I,  46 60 

method  of  calling,   1899,   I,  24;    1907,   I,  4i5(m) 60 

method   of   forming,    1899,    I,   24;    1907,   I,  45(ni) 59 

non-signatory    powers    may    take    advantage    of   the    court    by    agreement,    1899,    I,    26; 

1907,    I,    -^7(m) 61 

organization  of  court   undertaken,   1899,   I,  20 57 

permanent   court   shall    be    competent    unless    special   tribunal    is   created,    1899,    I,    21; 

1907,     I,    42 57 

sits  at  The  Hague,   1907,   I,  «(n) 57 

six  years  is  term  of  judges,   1899,  I,  22;   1907,   I,   44 59 

third  power  may  remind  disputants  of  existence  of,  1899,  I,  27;   1907,  I,  .^S(m) 61 

this  is  not  an  unfriendly  act,   1899,   I,  27;    1907,   I,  4% 61 

powers  should  have  recourse  to,   1907,   I,  j5(n) 55 

Arbitration  procedure 

advantages  attending  regular  organization,  1899,  I,  p;  1907,  I,  p 41 

agents   and   counsel    may   be    retained   by   each    party   before   the    tribunal,    1899,    I,   37; 

1907,    \,  62 68 

arbitrator,  selection  of,  1899,  I,  32;  1907,  I,  55 66 

arbitration  procedure  when  sovereign  is  arbitrator,   1899,  I,  33;   1907,  I,  56 67 

award  of  tribunal  binds  only  powers  signing  compromis,   1899,   I,  56;   1907,  I,  &4 75 

is  read  in   public,   1899,   I,   53;    1907,   I,  80 74 

may  be  revised,  if  the  right  is  reserved  in  the  compromis,  1899,  I,  55;   1907,  I,  83.  ...  74 

must  give  reasons,  1899,  I,  52;   1907,  I,  79 73 

must   have   signature   of   all   members,    1899,    I,   52 73 

must    have    signature    of   president    and    registrar,    1907,    I,    79(m) 73 

puts  an  end  to  dispute  without  appeal,   1899,   I,  54;   1907,   I,  5/ 74 

shall  be  referred  to  tribunal  in  case  of  dispute  as  to  execution,  1907,  I,  S^(n) 74 

commission  forms  tribunal  when   it  draws  up  compromis,   1907,   I,  5S(n) 67 

compromis  defined,   1899,   I,  .?/;   1907,  I,  52(m) 64 

is  made  by  commission   of  five  members   if  left  to   the  court,   1907,   I,  54(.r\) 66 

permanent  court  may,  if  both  parties  agree,  settle,   1907,  I,  5j(n) 65 

permanent   court   may,   at   the   request   of   one   of   the   disputants,   settle   compromis  in 

case  of  general  arbitration  treaty  or  dispute  on  contract  debts,  1907,  I,  55(n)  . . .  65 

counsel  may  present  arguments  orally,  1899,  I,  45;  1907,  I,  7" 71 

may   raise   objections,    1899,    I,   46;    1907,   I,   71 71 

death    of   arbitrator,    position   filled   in    same    manner    as    he    was   elected,    1899,    I,   35; 

1907,   I,  59   67 

decision  of  tribunal  is  by  majority,  1899,  I,  51;  1907,  I,  78 73 

on  objections  raised  by  counsel  is  final,  1899,  I,  46;   1907,  1,  71 71 

deliberation   of  tribunal   is   private,    1899,   I,   51 73 

and   proceedings   are   secret,    1907,    I,  7S(m) 73 

discussion,  1899,  I,  39;    1907,   I,  63 69 

close  of,   1899,   I,  50;   1907,  I,  77 73 

how  conducted,  1899,  I,  41;   1907,  I,  66 70 

documents   produced  must  be  communicated  to  opponent,    1899,   I,   JO 69 

certified   copies   of,    1907,    I,  64(m) 69 

expenses  of  tribunal,  how  borne,   1899,  I,  57;   1907,   I,  85 75 

information,  parties  agree  to  furnish  all  necessary,  1907,  I,  75(n) 72 

intervening  powers  are  bound  by  award,  1899,  I,  56;  1907,  I,  S-^ 75 

intervening    powers,    states    affected    by    the    tribunal's    interpretation    of    a    convention 

may  become,   1899,  I,  56;    1907,  I,  5^ 75 


INDEX-DIGEST  271 

Page 
judges   may   not   be    agents,    counsel,    or    advocates,    except    for    power    which   appointed 

them,    1907,    I,    6.'(n) 68 

languages  to  be  used  decided  upon  by  tribunal,  1899,  I,  38 68 

if  compromis  does  not  provide  therefor,   1907,   I,  61 68 

members   of   tribunal    may    put   questions   and    ask   explanations,   but   these    are    not   ex- 
pression of  court's  opinion,   1899,   I,  47;   1907,   I,  72 71 

notices    to   be    served    on   territory   of    a   third   state,    shall   be    served   by    that   state     at 

request   of    tribunal,    1907,    I,   76(n) 72 

preliminary  proceedings,    1899,  I,  39;   1907,   I,  (5j(m) 69 

submission   of  new   documents,    1899,   I,   42;    1907,   I,  67 70 

president  of  tribunal,   how  chosen,   1899,  I,  34;   1907,   I,  57 67 

revision  of  award,  method  of  demanding,   1899,   I,  55;   1907,   I,  83 74 

rules  in  this  convention  shall  apply  in  default  of  others,  1899,  I,  30;   1907,  I,  5j(m)...  64 
summary 

agent,  each  party  has,   1907,   I,  SpCn) 77 

arbitrators,   method   of   selection,    1907,   I,   57(n) 76 

oral   explanations   from   agents   or   witnesses  may   be   demanded   by   tribunal,    1907,    I, 

po(n)     77 

proceedings   are   written,    1907,    I,   po(n) 77 

rules  for,   1907,  I,  86{n) 76 

time  in  which  cases  must  be  submitted,  tribunal  determines,   1907,  I,  88(n) 76 

witnesses,   each   party   may  summon,   1907,   I,  5io(n) 77 

tribunal  does  not  meet  till  pleadings  are  closed,  1907,  I,  65(n) 70 

is    competent    to    interpret    compromis    and    apply    international    law,     1899,     I,    48; 

1907,    I,   73 72 

may  consider   and  demand  new  documents,  but  must  communicate   same  to  opponent, 

1899,   I,  43;    1907,   I,  68 70 

may  issue  rules  of  procedure,   1899,  I,  49;   1907,  I,  74 72 

method   of  constitution,   1899,    I,  32;   1907,   I,   55(m) 66 

place  of  meeting  can  not  be  changed  without  consent  of  parties,   1899,   I,  2$;    1899, 

I,  36;   1907,  I,  60 61,  67 

in  territory  of  third  power  with   latter's  consent,   1907,  I,  (5o(n) 67 

ordinarily  at  The  Hague,  1899,  I,  36;  1907,  1,  60 67 

Arbitrators 

selection   of,   1899,   I,   32;    1907,   I,  55 66 

method   of  selection   for   summary   procedure,    1907,   I,   ^/(n) 76 

powers  shall  each  select  four  persons  to  act  as,   1899,  I,  23;   1907,   I,  44im) 58 

Argentine  Bepublie 

adhesions    and    dates    thereof 230 

delegates   to   second   conference 4 

reservation  to   1907    Convention   II 92 

to    1907    Convention   V 140 

signatory   of    1910   additional   protocol 208 

Armaments,  limitation  of.     See  under  Liimitation. 

Armed  land  forces 

consist  of  what,   1899,  Ila,  3;   1907,   IVa,  3 108 

Armies 

signatory  powers  shall   issue   instructions  in   accordance  with   laws  and  customs   of  war 

on  land  to,  1899,  II,  /;   1907,  IV,  / 102 

Armistice 

defined;   duration,   1899,  Ila,  36;   1907,   IVa,  36 121 

general  or  local,  1899,  Ila,  37;   1907,  IVa,  37 121 


272  INDEX-DIGEST 

Page 

must   be    notified    in    good    time    to    competent    authorities    and    troops,    1899,    Ila,    38; 

1907,  IVa,  38  121 

regulation  of  intercourse  in  theater  of  operations,  1899,  Ila,  ^p;   1907,  IVa,  59 121 

suspension  of  hostilities,   1899,  Ila,  38;   1907,  IVa,  38 121 

violation  by  one  party  gives  other  right  to  denounce,  1899,  Ila,  40;  1907,  IVa,  40 122 

by  private   individuals   gives   right   to   demand   punishment   thereof  and   compensation, 

1899,  Ila,  41;  1907,  IVa,  41 122 

Arms 

causing  unnecessary  suffering  forbidden,   1899,  Ila,  23;   1907,   IVa,  23 116 

do  not  remain  property  of  prisoners  of  war,  1899,  Ila,  4;   1907,  IVa,  4 108 

neutral  power  need  not  prevent  export  and  transport  of,   1907,  V,  7 134 

occupant  of  territory  shall  take  possession  of,  1899,  Ila,  53;  1907,  IVa,  53 125 

even  if  property  of  private  individuals,  but  latter  shall  be  restored  at  end  of  war   and 

compensation  made,    1899,   Ila,  53;    1907,   IVa,  53 126 

Poisoned,  are  forbidden,   1899,  Ila,  23;   1907,  IVa,  23 116 

Army  of  occupation 

can  take  possession  of,  what,  1907,  IVa,  53 125 

militia  and  volunteer  corps  part  of,  when,  1907,  IVa,  i 107 

Art 

during    bombardment    besieged    must    designate    buildings    devoted    to,    1899,    Ila,    27; 

1907,  IVa,  27;   1907,   IX,  5  (by  naval  forces) 118,  158 

besiegers  must  spare  as  far  as  possible  buildings  devoted  to,   1899,  Ila,  27;   1907,  IVa, 

27;   1907,  IX,  5   (by  naval   forces) 118,  158 

occupant    of    territory    shall    treat    as    private    property   the    property    of    establishments 

devoted   to,    1899,   Ila,   56;    1907,   IVa,   56 127 

property  of  art  establishments  can  not  be  seized,   destroyed,  or  intentionally  damaged, 

1899,  Ila,  56;   1907,  IVa,  56 127 

Asphyxiating'  or  deleterious  grases 

declaration  prohibiting  diffusion  thereof,   1899,  IV   (2) 225 

signatory,   ratifying   and    adhering   powers 226 

denunciation,    method   of    225 

Assaults.     See  Bombardment. 

Assessor.     See  under  International  prize  court. 

Asylum 

to  land  forces,   1907,  V,  11,  12 137 

to  naval   forces.      See  under    Neutral  ports  and  waters. 

to    prisoners,    1907,    V,    13 137 

to  wounded  and  sick,   1907,  V,  14,  15 137,  138 

Attorneys 

who  may  act  for  private  individuals  before  international  prize  court,  1907,  XII,  26....    195 

Austria-Hungary 

delegates  to  first   and   second   conferences 4 

ratifications    and    dates    thereof 230,  236,  237 

reservation  to   1907   Convention   IV 131 

signatory   of    1910    additional   protocol 208 

Automatic  contact  mines.     See  Mines. 

Award.     See  also  under  Arbitration  procedure. 

in   arbitration   of  contract   debts   the  validity,   amount,   and   time   of  payment  of  claim 

shall  be  determined  by,  1907,  II,  2 S9 


INDEX-DIGEST  273 

Page 
powers  agree  not  to  use  force  in  collecting  contract  debts  except  when  debtor  refuses 

to  arbitrate  or  carry  out,   1907,   II,  / 89 

Balloons,  etc.     See  Aircraft. 

Belgrium 

delegates   to   first   and   second   conferences 5 

ratifications    and    dates    thereof 230,  236,  237 

signatory    of    1910    additional    protocol 208 

Belligerent.     See  also  War  on  land;  Naval  war. 

army,     neutral    power    is    not    responsible     if    persons    cross    frontier    singly    to    join, 

1907,    V,   6 134 

can  not  erect  telegraph   station  on  neutral  territory   or   make   military  use  of   one  so 

erected  before  the  war,   1907,  V,  3;   1907,  V,  5 133,  134 

can    not   have   more    than   three    war-ships    in    harbor    of    neutral    at    one    time,    1907, 

XIII,    15     212 

can  not  move  troops  or  munitions  of  war   across   neutral  territory,   1907,  V,  2;    1907, 

V,    5    133,  134 

controls  hospital  ships,   1899,   III,  4\   1907,   X,  4 165 

converting  merchant  ship  into   war-ship  must  announce  the   fact,   1907,  VII,  6 147 

may   appeal    to   neutral   merchant   ships   and   yachts   to   take   sick   and   wounded,    1907, 

X,    p(n)     168 

may  demand  that  sick  and  wounded  on  hospital  ships,  private  yachts,  etc.,  be  handed 

over   to  it,   1907,   X,   I2(n) 170 

must    institute    bureau    of    information    regarding    prisoners    of    war,    1899,    Ila,    14; 

1907,  IVa,  14 112 

must  pay  for  support  of  interned  troops  by  neutral,   1907,  V,  12 135 

war-ship.     See  War-ships,  belligerent. 

Belligerents 

after  engagement  shall  take  care  of  shipwrecked,  sick  and  wounded,   prevent  ill-treat- 
ment of,  and  examine  the  dead  before  burial,   1907,  X,  i6(n) 171 

and  neutrals,  vceti  concerning  commercial  and  industrial  relations  between,   1907,   f . . . .     29 

are  limited  as  to  means  of  injuring  enemy,  1899,  Ila,  22;  1907,  IVa,  22 116 

capitulations  between,  involve  what,  1907,  IVa,  s5 120 

communication  between,  by  parlementaires,   1907,   IVa,  32 119 

flag  of  truce,  use  of,  in  communicating,  1907,  IVa,  32 119 

general  rule   of  conduct  for,   1907,   IVp 101 

interned  in  neutral  territory,  1907,  V,  11,  12,  13,  14,  15 135,  136 

must  respect  rights  and  territory  of  neutrals,  1907,  XIII,  i;  1907,  V,  i 210,  133 

neutrals  must  show  impartial  treatment  to,  1907,  XIII,  9;   1907,  V,  p 211,134 

recruiting  in   neutral  territory,  rule  concerning,   1907,  V,  4 134 

to  notify  neutrals  of  existence  of  war,   1907,   III,  2 96 

Belligerents,  qualifications  of 

certificate  or  distinctive  badges  required,  when,   1899,  Ila,  i;   1907,  IVa,  7 107 

combatants  and  non-combatants,   1899,   Ila,  3;    1907,   IVa,  3 108 

commander  required  for,   1899,  Ila,  i;   1907,   IVa,  7 107 

conditions  required  for,  1899,  Ila,  7,  2;   1907,  IVa,  7,  2 107 

distinctive  emblem  required  for,  1899,  Ila,  7;   1907,  IVa,  7 107 

sign,  requirements  for,   1899,  Ila,  /;   1907,  IVa,  7 107 

instruction  in   laws   of  war   required,    1899,   Ila,   7;    1907,    IVa,   7;    1899,   II,   i;    1907, 

IV,    1 107,  102 

levee  en  masse,  1899,  Ila,  2;  1907,  IVa,  ^(m) 107 

militia,   1899,   Ila,  i;   1907,  IVa,   i 107 

should  carry  arms  openly,  1899,  Ila,  7;  1907,  IVa,  7 107 

to  conform  to  laws  of  war,  1899,  Ila,  7;   1907,  IVa.  i 107 

volunteers,  requisites  for  commander,  1899,  Ila,  7;   1907,  IVa,  7 107 


274  INDEX-DIGEST 

Blockade  Page 

postal  correspondence  destined  for  or  proceeding  from  blockaded  port,  1907,  XI,  i. 182 

by  submarine  mines,    1907,   VIII,  2 151 

Board 

lodging,  and  clothing  of  prisoners  of  war,   1907,  IVa,  7 109 

Bolivia 

adhesions  and  dates  thereof   230 

delegates  to  second   conference    6 

ratifications    and    dates    thereof 236,  237 

reservation    to    1907    Convention    II 9^ 

signatory   of   1910   additional   protocol 208 

Bombardment.    See  also  under  Aircraft. 
by  naval  forces, 

vau   concerning,    1899,    f 30 

convention   1907,    IX,  text    (see   also   marginal    notes) 157 

signatory,   ratifying    and   adhering   powers 161,  162 

denunciation,  method   of,   iz 160 

reservations   of,    Chile,  France,  Germany,   Great   Britain   and  Japan 162 

care   to   be   exercised,   2,  $ 157,158 

for  refusal  of  contributions,   not  allowed,   4 158 

exemption  of  certain  buildings,  and  how  to  be  marked,  5 158 

military    necessity,    2,  6 157,159 

of  military  establishments,  2 157 

notification  to  be   given,  2,  6 157,  159 

not  permissible,  by  presence  solely  of  submarine  mines,  / 157 

pillage   after   bombardment    prohibited,    7 159 

of   undefended    places    prohibited,    except   when    supplies    immediately    necessary    are 

refused,    i,   3 157,158 

on  land, 

buildings  exempt  and  how  to  be  marked,  1899,  Ila,  27;   1907,  IVa,  27 118 

notification,   1899,   Ila,  26;    1907,  IVa,  26 117 

of  undefended  places,  1899,  Ila,  25;  1907,  IVa,  25 117 

Booty  and  captures 

private  property  can  not  be  confiscated,  1899,  Ila,  46,  47;  1907,  IVa,  46,  47 123 

Brazil 

adhesions    and    dates    thereof 230 

delegates  to  second   conference    6 

ratifications    and    dates    thereof 236,  237 

reservation  to  1907  Convention  1 85 

Bndgrets 

resolutions  concerning  limitation  of  war,  1899,  f ;  1907,  f 28 

Buildings 

devoted   to  art,   etc.,    1907,    IVa,  27,  56;    1907,   IX,  5 118,127 

occupying  state  is  usufructuary  of  public,  1899,  Ila,  55;  1907,  IVa,  55 126 

Bulgraria 

delegates   to   first   and   second   conferences 7 

ratifications  and   dates  thereof 230 

signatory  of   1910   additional   protocol 208 

Bullets 

declaration    prohibiting  use   of  expanding  bullets,    1899.  text 227 

signatory,   ratifying   and   adhering   powers 228 


INDEX-DIGEST  275 

Page 

denunciation,    method    of    227 

projectiles  causing  superfluous  injury,  1899,  Ila,  2$e;   1907,  IVa,  23  e 116 

Bareau,  international.     See  International  Bureau. 

Burials  of  dead 

prisoners  of  war,  1899,  Ila,  19;  1907,  IVa,  19 115 

Cables 

submarine,  1907,  IVa,  5i(m),  54(n)  ;   1907,  V,  S,  9 126,134 

Capitulation 

must  be  in  accordance  with  military  honor,   1899,  Ila,  sy,   1907,  IVa,  35 120 

must  be  scrupulously  observed,    1899,   Ila,  55;    1907,   IVa,  35 120 

Capture 

convention  relative  to  certain  restrictions  with  regard  to  the  exercise  of  right  of  cap- 
ture in  naval  war,   1907,  XI   (see  also  the  marginal  notes) 182 

signatory,    ratifying    and    adhering    powers 186,  187 

denunciation,    method    of,    13 185 

coast  fishing  vessels,   etc.,  exempt,  3 183 

crews  of  captured  enemy  ships,  treatment  of,  5,  6 183,  184 

postal  correspondence  exempt,  except  for  violation  of  blockade,  i 182 

neutral  mail   ships,  treatment  of,  2 183 

vessels   on   religious,   philanthropic   and   scientific   work   exempt,   4 183 

personal  property  found  on  captured  ships,  1907,  X,  //(n) 171 

private  hospital  ships  exempt,   1899,  III,  i;   1907,  X,  2 164 

medical,  religious,  and  hospital  staffs  are  inviolable,  1899,  III,  7;   1907,  X,  10 169 

Captures  and  booty 

private  property  can  not  be  confiscated,  1899,  Ila,  46,  47;  1907,  IVa,  46,47 123 

Carsro 

enemy  cargo  on  enemy  merchant  vessels  at  outbreak  of  hostilities,  1907,  VI,  4 142 

Cash 

authority  of  military  occupant  over,  1899,  Ila,  53;   1907,  IVa,  53 125 

Censorslilp  in  occupied  territory 

press,    1907,    IVa,    53(m) 126 

telegraphs,  etc.,   1899,  Ila,  53;    1907,   IVa,   5i(m) 126 

Certificate 

private  hospital  ships  must  bear,  1899,  III,  2;   1907,  X,  2 164 

of  identification   must  be  carried  by   newspaper  reporters,  sutlers,   contractors,   accom- 
panying army,  1899,  Ila,  13;  1907,  IVa,  13 112 

Charitable  establishments 

shall  be  treated  as  private  property,  1899,  Ila,  56;  1907,  IVa,  56 127 

should  be  designated  by  besieged   during  bombardment,   1899,   Ila,  27;    1907,   IVa,  27; 

1907,   IX,   5    118,158 

should  be  spared  by  besiegers  during  bombardment,  1899,  Ila,  27;  1907,  IVa,  27;  1907, 

IX,    5    118,  158 

Chile 

adhesions    and    dates    thereof 230 

delegates    to    second    conference ' 


276  INDEX-DIGEST 

Page 

reservation  to    1907    Convention   1 86,  24Q 

to   1907   Convention  IX    162,  254 

to   1907   Convention   XII 208,  256 

signatory   of    1910   additional   protocol 208 

China 

adhesions    and    dates    thereof 230,  236,  237 

delegates  to   first   and   second   conferences 8 

ratifications    and    dates    thereof 230,  236,  237 

reservation   to    1907    Convention   X 180,  254,  255 

to   1907    Convention   XIII 218,  258,  259 

Claims.     See  Arbitration  ;   Contract   debts ;   Priie. 

Coal.     See  Fuel. 

Colombia 

adhesions    and    dates    thereof 230 

delegates   to  second  conference 8 

reservation   to    1907    Convention    II 93,  244 

signatory  of    1910   additional  protocol 208 

Combatants  and  non-combatants 

as  prisoners  of  war,  1899,  Ila,  j;  1907,  IVa,  3 108 

Commercial  relations 

between  inhabitants  of  belligerent  and  neutral  countries,  vccu  concerning,   1907,  f....     29 

Commission  of  inquiry.     See  International  commissions  of  inquiry. 

Communes 

it  is  forbidden  to  seize  property  of,   1899,   Ila,  56;   1907,  IVa,  56 127 

requisitions  in  kind  except  for   necessity  of  army  and  in  proportion  to  resources,  can 

not  be  demanded  of,  1899,  Ila,  52;  1907,  IVa,  52 125 

shall  be  treated  as  private  property,  the  property  of,  1899,  Ila,  56;  1907,  IVa,  56 127 

Communication 

between  belligerents  by  parlementaires,   1899,  Ila,  32,  34;   1907,  IVa,  32,  34 119,120 

means  of,  in  neutral  countries,   1907,  V,  3,  5,  8,  g 133,  134 

occupying  power  may  seize  means  of;  must  restore  them  at  end  of  war  with  compensa- 
tion,  1899,   Ila,  53;   1907,   IVa,  5j(m) 126 

Compensation 

for  private  property  seized,  1899,  Ila,  53,  56;  1907,  IVa,  53,  54(n),  56 125,  126,  127 

for  violation  of  armistice  by  private  individuals,  1899,  Ila,  41;  1907,  IVa,  41 122 

for  violations   of  regulations  respecting  the  laws  and  customs   of  war   on  land,   1907, 

IV,    j(n)     103 

Compromis.     See   under   Arbitration   procedure;    Arbitration   court,   judicial. 

Conference  of  1899 

Final    Act     1 

list  of  delegates    1 

Conference  of  1907 

Final    Act    1 

list  of  delegates    1 


INDEX-DIGEST  277 

Confiscation  Page 

private  property,  1899,  Ila,  46,  47,  56;  1907,  IVa,  46,  47,  56 123,  127 

Contact  mines.     See  Mines. 

Contraband  of  war.     See  Munitions  of  war. 

Contract  debts 

award  shall  determine  validity,  amount  and  time  of  payment  of  claim  in  arbitration  of, 

1907,    II,    2 89 

convention  respecting  the   limitation  of  the  employment  of  force  for  the  recovery  of, 

1907,  II   (see  also  the  marginal  notes) 89 

powers  agree   not  to  use  force  except  when  debtor  refuses  to  arbitrate,   or  carry  out 

award  after  arbitration  of,   1907,  II,  i 89 

Contractors 

may  be  prisoners  of  war,  1899,  Ila,  13;   1907,  IVa,  13 112 

must  show  certificate  from  military  authorities,  1899,  Ila,  13;  1907,  IVa,  13.... 112 

Contracts 

rights  and  actions,   1907,  IVa,  23  h  in) 117 

Contribution.     See  also  Requisition. 

collection  of,  1899,  Ila,  4g,  51;   1907,  IVa,  49,  51 124 

failure   to   pay   money  by  undefended   towns,   naval   bombardment   unauthorized,    1907, 

IX,    4    158 

must  be  levied  only  by  authority  of  high  military  official,  1899,  Ila,  5/;   1907,  IVa,  51.  124 

must  be  levied  only  in  accordance  with  local  law,  1899,  Ila,  51;  1907,  IVa,  5/ 125 

receipt  shall  be  given  for,  1899,  Ila,  51;  1907,  IVa,  51 125 

Conventions  and  declarations 

Final  Acts  of  the  First  and  Second  Hague  Peace  Conferences 1 

Draft  Convention  on  a  judicial  arbitration  court,  1907,  f ,  d 31 

Conventions  of  1899    (I)   and  1907   (I)   for  the  pacific  settlement  of  international  dis- 
putes           41 

Conventions  of  1899   (II)   and  1907    (IV)   respecting  the  laws  and  customs  of  war  on 

land 100 

Conventions  of   1899    (III)    and   1907    (X)    for  the  adaptation  to   maritime  warfare  of 

the   principles   of  the   Geneva   Convention 163 

Convention   (II)   of  1907  respecting  the  limitation  of  the  employment  of  force  for  the 

recovery   of  contract   debts 89 

Convention  (III)   of  1907  relative  to  the  opening  of  hostilities 96 

Convention   (V)    of  1907   respecting  the  rights  and  duties  of  neutral  powers  and  per- 
sons in  case  of  war  on  land 133 

Convention   (VI)    of   1907  relating  to  the  status  of  enemy  merchant  ships  at  the  out- 
break  of    hostilities    141 

Convention  (VII)  of  1907  relating  to  the  conversion  of  merchant  ships  into  war-ships..  146 
Convention  (VIII)  of  1907  relative  to  the  laying  of  automatic  submarine  contact  mines.  151 
Convention  (IX)  of  1907  concerning  bombardment  by  naval  forces  in  time  of  war....  157 
Convention    (XI)    of   1907   relative   to   certain   restrictions   with    regard   to   the   exercise 

of  the  right   of  capture   in   naval  war 182 

Convention  (XII)  of  1907  relative  to  the  creation  of  an  international  prize  court. . .  .  188 
Convention    (XIII)    of    1907    concerning   the   rights    and    duties    of    neutral    powers    in 

naval    war    209 

Declarations  of  1899   (IV,  1)   and   1907   (XIV)   prohibiting  the  discharge  of  projectiles 

and    explosives    from    balloons 220 

Declaration    (IV,  2)    of   1899   concerning   asphyxiating  gases 225 

Declaration   (IV,  3)   of  1899  concerning  expanding  bullets 227 


278  INDEX-DIGEST 

Page 
Conversion  of  merchant  ships  into  war-ships 

convention  relative  to  the,  1907,  VII   (see  the  marginal  notes) 146 

signatory,    ratifying   and    adhering   powers 149 

denunciation,  method   of,  // 148 

Convoys 

of  evacuation,  through  neutral  states,   1907,  V,  /^ 135 

sick   and   wounded   prisoners   of  war,    1907,   V,   15 136 

munitions  and  supplies  in  neutral  territory,  1907,  V,  2 133 

Corps  of  combatants 

can  not  be  formed  in  neutral  territory,  1907,  V,  ^^ 134 

Correspondence.    See  Postal  correspondence. 

Correspondents,  newspaper 

as  prisoners  of  war,  1899,  Ila,  13;   1907,  IVa,  13 112 

Counsel.       See    under    Arbitration    procedure;    International    prize    court;     Inter- 
national commissions  of  inquiry. 

Court.      See   Arbitration,    permanent    court;    Arbitration    court,    judicial;    Interna- 
tional prize  court. 

Courts 

it  is  forbidden  to  deny  nationals  of  hostile  party  recourse  to,  1907,  IVa,  ^^(n) 117 

Crew.     See  under  Merchant  ship;  Internment. 

Criminal  law 

legislation  to  prevent  pillage  of  sick  and  wounded,  misuse  of  special  marks  and  badges 
shall  be  enacted  by  the  powers  and  communicated  through  the  Netherland  Govern- 
ment,   1907,    X,    2iin) 173 

Cuba 

adhesions    and    dates    thereof 230 

delegates    to    second    conference 9 

ratifications    and    dates    thereof 236,237 

reservation    to    1907    Convention    XII 208,256 

signatory   of    1910    additional    protocol 208 

Days  of  grace.     See  under  Merchant  ships,  enemy. 

Dead 

belligerents  shall  prevent  ill-treatment  of,  and  attend  to  examination  of,  before  burial, 

1907,   X,    /6(n) 171 

belligerents  shall  inform  each  other  of  changes  in  list  of,   1907,  X,  /7(n) 172 

belligerents  shall  send  to  each  other  marks  of  identication  of,  1907,  X,  //(n) 171 

collection  and   transmission   of  property   of,   1907,    X,   /7(n) 172 

report  to  be  made  of  dead  prisoners  of  war,   1907,   IVa,  14 112 

Declarations.     See  also  under  Conventions  and  declarations. 

unsigned   declaration   respecting  obligatory   arbitration,   1907,  f 27 

Declaration  of  war.     See  Opening  of  hostilities. 

Defended  place 

although  unfortified,  may  be  bombarded,  1907,  IX,  4 158 


INDEX-DIGEST  279 

Ttelegatea  Page 

to  peace  conferences  of  1899  and  1907  by  countries 1 

alphabetical    list    261 

Delegation.     See  under  International  prize  court;  Arbitration  court,  judicial. 

Denmark 

delegates  to  first  and  second  conferences 9 

ratifications   and   dates   thereof    230,  236,  237 

signatory   of   1910    additional   protocol 208 

Denunciation 

of  armistice,   1899,   Ila,  40;    1907,   IVa,  40 122 

of  conventions  and  declarations   (see  maiginal   notes  to  conventions,  etc.) 

Destruction 

of    property     forbidden    except    under    imperative    military     necessity,     1899,     Ila,    ^J; 

1907,    IVa,   23    116 

Diplomatic  immunity 

of  members  of  permanent  arbitration  court,  1899,  I,  24;  1907,  I,  46 60 

of  judges  of  international  prize  court,  1907,  XII,  /j 192 

Dominican  Bepublic  * 

adhesions    and    dates    thereof 230 

delegates   to    second    conference 9 

reservation    to    1907    Convention    II 93,244 

to  1907   Convention  VIII 156,  252 

1907   Convention   XIII    218,  258 

Due  diligence 

duty  of  neutral  power  with  respect  to  safeguard  of  neutrality  of  its  ports,    etc.,   1907, 

XIII,   25 214 

Dumdum  bullets.     See  Bullets. 

Ecuador 

adhesions  and  dates  thereof 230 

delegates  to  second  conference 10 

reservation   to   1907   Convention   II 93,  244 

to    1907    Convention    XII 208,  256 

signatory   of    1910   additional   protocol 208 

Educational  establishments 

can  not  be  seized,  destroyed,  or  intentionally  damaged,   1899,   Ila,  56;   1907,   IVa,  56..    127 
shall  be  treated  as  private  property,  by  occupant  of  territory,  1899,  Ila,  56;  1907,  IVa,  56.   127 

Enemy.     See  also  under  Forbidden  acts. 

belligerents  are  restricted  as  to  means  of  injuring,  1899,  Ila,  22;   1907,  IVa,  22 116 

belligerents  can  not  force  action  against  their  country  by  nationals  of,  1907,  IVa,  ^j(n)   117 

means  of  injuring.      See  Means  of  injuring:  the  enemy. 

not  obliged  to  receive  flag  of  truce,  1899,  Ila,  33;  1907,  IVa,  33 120 

Espionage.     See  Spy. 

Family  honor 

occupant  of  territory  must  respect,  1899,  Ila,  46;  1907,  IVa,  46 123 


280  INDEX-DIGEST 

Final  Act  Page 

of  Peace  Conference  of  1899 1 

signatory    powers    39 

of  Peace  Conference  of  1907 1 

signatory    powers    40 

reservation   of    Switzerland 40,258 

Fishing  vessels 

for  coast  trade  are  exempt  from  capture,   1907,  XI,  j 183 

unless  they  take  part  in  hostilities,   1907,  XI,  3 183 

not  to  be  used  for  hostile  purposes,   1907,  XI,  3 183 

Flag 

national 

on  hospital  ships,   1899,  III,  j;   1907,  X,  5 5 

of  enemy 

improper  use  forbidden,  1899,  Ila,  23;  1907,  IVa,  23 116 

of  truce.     See  Parlementaire. 
red  cross 

on  hospital  ships,   1899,  III,  5;   1907,  X,  5(m) 166 

improper  use,   1899,  Ila,  23;   1907,   IVa,  23 116 

Forbidden  acts 

abuse  of  distinctive  badges  of  Geneva  Convention,  1899,  Ila,  23;   1907,  IVa,  23 116 

act  of  hostility  in  neutral  waters,   1907,  XIII,  2 210 

bombardment  of  undefended  towns,   1899,   Ila,  25;    1907,   IVa,  25 117 

by   naval  forces,   1907,   IX,  i 157 

bombardment  of  towns  because  of  failure  to  pay  money  contributions,  1907,  IX,  4....    158 

bombardment  of  town  solely  because  there  are  mines  in  the  harbor,  1907,  IX,  i 157 

confiscation  of  private  property,  1899,  Ila,  46;  1907,  IVa,  46 123 

denial  of  courts  to  nationals  of  hostile  party,   1907,  IVa,  ^^(n) 117 

destruction  of  property  except  under  military  necessity,  1899,  Ila,  23;  1907,  IVa,  23...    116 

diffusion   of  asphyxiating  or   deleterious  gases,    1899 225 

improper  use  of  national  flag,  1899,  Ila,  23;  1907,  IVa,  23 116 

killing  or  injuring  of  disabled  enemy,   1899,   Ila,  23;   1907,  IVa,  23 116 

killing  or  injuring  of  surrendered  enemy,  1899,  Ila,  23;   1907,  IVa,  23 116 

misuse  of  enemy  uniform,  1899,  Ila,  23;  1907,  IVa,  23 116 

pillage,   1899,  Ila,  47;   1907,  IVa,  47 123 

pillage  of  town  taken  by  assault,  1899,  Ila,  28;  1907,  IVa,  28;   1907,  IX,  7 118,159 

treacherous  killing  of  enemy,    1899,   Ila,  23;    1907,   IVa,   23 116 

use  of  arms  which  cause  unnecessary  suffering,   1899,  Ila,  23;   1907,  IVa,  23 116 

use  of  poison  or  poisoned  arms,  1899,  Ila,  23;   1907,  IVa,  23 116 

use  of  projectiles  causing  useless  suffering,  1899,  Ila,  23;  1907,  IVa,  23 116 

Forces,  unorganized.     See  lievee  en  masse. 

Forests 

occupying  state  is  only  usufructuary  of,  1899,  Ila,  55;  1907,  IVa,  55 126 

France 

delegates  to  first  and  second  conferences 10 

ratifications    and    dates    thereof 230,  236,  237 

reservations  to   1907   Convention  VIII 156,  252,  253 

to   1907   Convention  IX    162,  254,  255 

signatory   of    1910    additional    protocol 208 

Fael  In  neutral  waters 

quantity  allowable  to  belligerent  war-ships,   1907,  XIII,   19,  20 213 


INDEX-DIGEST  281 

Fands  Page 

occupying  state  may  seize,  1899,  Ila,  53;   1907,  IVa,  53 125 

Gases,  asphyxiating:  or  deleterious 

prohibition  of  diffusion,  1899 ; 2^5 

Geneva  Cenveutlon.     See  also  Hospital  Ships. 

applies  to  sick  and  wounded,  1899,  Ila,  ^l;   1907,  IVa,  2i 115 

interned  in  neutral  territory,  1899,  Ila,  60;   1907,  V,  15 129,136 

improper  use  of  the  insignia  forbidden,  1899,  Ila,  23;  1907,  IVa,  23 116 

vau  concerning  revision  of,  1899,  f 28 

conventions    for    the    adaptation    to    maritime    warfare    of    the    principles    of    the,    1899, 

III;     1907,    X 163 

signatory,  ratifying  and  adhering  powers,    1899,    1907 178,  179 

denunciation,  method  of,   1899,  14;    1907,  27 176 

execution   of  the  convention,   1907,   X,   so(,n) 173 

not    applicable    unless    all   belligerents   are   contracting   parties,    1899,    III,    //;    1907, 

X,    18    172 

applies  only  to  forces  actually  embarked,   1907,  X,  23(.n) 174 

neutral  merchant  ships  rendering  assistance  to  shipwrecked  and  wounded,   1899,   III, 

6;    1907,    X,   9 168 

wounded,  etc.,  landed  at  neutral  ports,   1907,  X,  /5(n) 171 

rescue  by  neutral   war   vessels,   1907,   X,   ri(n) 170 

penalties  for  violation  of  convention,  1907,  X,  2i(,n) 173 

Germany- 
delegates  to  first   and  second  conferences 1 

ratifications   and    dates   thereof    230,  236,  237 

reservation   to    1899    Convention   III 179,234 

to    1907    Convention    IV 132,250,251 

1907    Convention    VI     154,252,253 

1907    Convention    VIII    156,  252,  253 

1907    Convention    IX    162,  254,  255 

1907    Convention    XIII    218,258,259 

signatory  of  1910  additional  protocol   208 

Good  offices  and  mediation.     See  Mediation. 

Great  Britain 

adhesions  and  dates  thereof    231 

delegates  to  first  and  second  conferences 12 

ratifications  and  dates   thereof 231,  236,  237 

reservation    to    1899    Convention    III 179,  234 

to    1907    Convention    V 140,250 

1907    Convention    VIII     156,  252,  253 

1907    Convention   IX    162,  254,  255 

1907    Convention    X     181,256 

1907    Convention    XIII     218,258 

signatory  of  1910  additional  protocol   208 

Greece 

delegates  to  first  and  second  conferences 13 

ratifications   and  dates  thereof    231 

reservation   to    1907    Convention    I 86,  240 

to    1907    Convention    II 94,  246 

Gnatemala 

adhesions    and    dates   thereof 231 


282  INDEX-DIGEST 


Page 

delegates    to    second    conference 13 

ratifications    and    dates    thereof 236,  237 

reservation    to    1907    Convention    II 94,246,247 

to    1907    Convention    XII    208,  256 

signatory   of    1910   additional   protocol 208 

Guides 

impressment  of,  in  occupied  territory,  1899,  Ila,  24;  1907,  IVa,  23  h  (n),  24,  44(m)  .  .117,  123 

Haiti 

adhesions    and   dates   thereof 231 

delegates    to    second   conference 13 

ratifications    and    dates    thereof    236,  237 

reservation   to    1907    Convention   XII 208,  256 

signatory    of    1910    additional    protocol 208 

Honduras 

adhesions  and   dates  thereof   231 

Hospital   ships 

act  at  their  own  risk  during  and  after  engagement,  1899,  III,  4;  1907,  X,  4 165 

are  under  control  of  belligerents,  1899,  III,  4;   1907,  X,  4 166 

belligerent  may  demand  that  sick  and  wounded  be  turned  over  by,  1907,  X,  J^(n) 170 

belligerent    war-ship    may    demand    delivery   of   sick,    wounded    and   shipwrecked,    1907, 

X,    /^(n)     170 

boats  of,   1899,  III,  5;   1907,  X,  j 166 

classes  of,   1899,  III,  j,  2,  3;  1907,  X,  i,  2,  3 164,  165 

detained    by    the    enemy    must    haul    down   belligerent   flag   of    nation    which    controlled 

them,    1907,    X,   5(n) 167 

distinguished  signs  not   to  be  used  for  other  purposes,   1907,  X,  6(n) 167 

equipped    by     persons,     etc.,     of     neutral     countries,    by    private     individuals     or    relief 

societies,   1899,   III,  3;   1907,   X,  j(m) 165 

flags,   1899,   III,  5;    1907,  X,  5(m) 166 

in   neutral   ports,    1907,    XIII,    14 212 

inviolability  of  staff,  1899,  III,  7;    1907,   X,  10 169 

movements   during  and   after  engagements,   1899,   III,   4;   1907,   X,   4 165 

must  render  their  coloring  plain  at  night,   1907,   X,  5(n) 167 

rights  of  belligerents  in  regard  to,  1899,  III,  4;   1907,  X,  4 166 

shall   afford  relief  independently  of  nationality,   1899,  III,  4;   1907,   X,  4 165 

shall  be  painted  white  with   green  strake,   1899,   III,  5;   1907,   X,  5 166 

shall  carry  national   and  red  cross  flags,  1899,   III,  5;   1907,  X,  5 166 

if  a  neutral  it  shall  also  carry  flag  of  belligerent  controlling  it,   1907,   X,  5(m) 166 

shall   not  be  used  for  military  purposes,   1899,   III,  4;   1907,   X,  4 165 

shall   not   hamper   combatants,    1899,   III,   4;    1907,   X,    4 165 

staff  may  be  armed  for  maintaining  order  and  defending  the  sick,  1907,  X,  8(n) 168 

use   of   distinctive   signs   restricted,    1907,    X,  6(n) 167 

Hospitals 

besieged  must  designate,  1899,  Ila,  27;  1907,  IVa,  27;  1907,  IX,  5  (by  naval  forces)  118,  159 
assailant  must  spare,  1899,  Ila,  27;  1907,  IVa,  27;  1907,  IX,  5  (by  naval  forces) ...  118,  159 

Hostilities.     See  also  Opening:  of  hostilities. 
conduct  of.     See  Means  of  injuring:  the  enemy. 

resumption   of,   after   denunciation  of   armistice,    1899,   Ila,  40;    1907,   IVa,  40 122 

unwritten    rules,    how    applied,    1907,    IV,  p 101 


INDEX-DIGEST  283 

Humanity,  iaws  of  Page 

a  factor  in   international  law,   1899,   II,  p;    1907,   IV,   p 102 

to    be   considered   in   interpreting   regulations   concerning   the    qualifications    of   belliger- 
ents,   1899,   II,  p;    1907,   IV,  p 102 

in  treatment  of  prisoners  of  war,   1899,  Ila,  4;   1907,  IVa,  4 108 

Identification.     See  under  Certificate. 

Indemnity.     See  Compensation. 

Industrial  relations 

between  inhabitants  of  belligerent  and  neutral  countries;  vau  concerning,   1907,  f . . . .     29 

Information  bureau    regrarding:  prisoners  of  war.     See  also  Prisoners  of  war. 

deaths,    names,    wounds    of    prisoners    of    war,    etc.,    record    of,    1907,    Ila,    14;    1907, 

IVa,     I4im)     112 

functions  of,  1899,  Ila,  14;   1907,  IVa,  I4(.m) 112 

information  required  to  be  kept  by,   1899,   Ila,   14;    1907,  IVa,  J-?(m) 112 

postal  duties  for,  free,  1899,  Ila,  14;  1907,  IVa,  14 112 

required  to  keep  return  or  card  for  prisoners,  1899,  Ila,  14;  1907,  IVa,  i4{m) 112 

to  collect  and  forward  valuables,   letters,   etc.,    1899,   Ila,   14;    1907,   IVa,  /^(m) 113 

when  and  where  instituted,  1899,  Ila,  14;   1907,   IVa,  I4(.m) 112 

Information,  obtaining:  of 

by  ruses  of  war,  1899,  Ila,  24;   1907,  IVa,  24 117 

undisguised  soldiers,  1899,  Ila,  29;   1907,  IVa,  29 118 

spies,   1899,  Ila,  29;   1907,   IVa.  29 118 

truce  bearers,   1899,   Ila,  33;   1907,  IVa,  33 120 

from  inhabitants  of  occupied  territory,  through  compulsion,  1907,  IVa,  44 123 

Inquiry,  international  commissions  of.     See  International  commissions  of  inquiry. 

Insigrnia  and  uniform  of  the  enemy 

improper  use  of,  forbidden,  1899,  Ila,  23  f;   1907,  IVa,  23  f 116 

Instructions 

to  be  issued  to  armed  land  forces,  1899,  II,  /;  1907,  IV,  i 102 

Intercourse 

in  theater  of  operations,  may  be  regulated  by  armistice,  1899,  Ila,  39;  1907,  IVa,  39...    121 

International  arbitration.     See  Arbitration,    international. 

International  bureau 

acts  as  registry  to  international   commissions    of  inquiry,   1907,   I,   J5(n) 48 

to   international   prize   court,    1907,    XII,   23 194 

to  judicial  arbitration  court,  1907,  d,  13 34 

to  permanent  court  of  arbitration,   1899,  I,  22;   1907,  I,  43(m) 57 

appeal    in   international  prize  court   procedure,   may  be  made   without   awaiting  national 

court  decision,  direct  to,  1907,  XII,  30 196 

controlled  by  permanent  administrative  council,   1899,   I,  28;    1907,   I,   49 62 

how  expenses  are  divided,  1899,   I,  29;   1907,   I,  3o(m) 63 

in  dispute  one  of  the  powers  may  address  note  signifying  willingness  to  arbitrate  direct 

to,    1907,    I,    48M 62 

is  at  disposal  of  any  board  of  arbitration,  1899,  I,  26;  1907,  1,-^7 61 

receives  declaration  of  suit  for  damages  brought  before  international  prize  court,  5....    206 

notifies  government  of  belligerent  captor  of  declaration  of  action,  6 207 

receives  case  from  government  of  belligerent  captor,  6 207 

serves   as   channel   for   communications   to   the   judges   of   the   judicial   arbitration  court, 

1907,   d,  24 37 


284  INDEX-DIGEST 

International  commissions  of  inquiry  Page 

agents  must  be  summoned  to  attend  investigations,  1907,  I,  ii{n) 50 

considers  case  in  secret  and  decides  by  majority  vote,  1907,  I,  io(n) 53 

constitution,  1899,  I,  p,  lo,  ii,  zt;   1907,  I,  9(m),  lo,  I2{ra) 45-47,  61 

counsel  may  present  summaries  of  facts  to,  1907,  I,  ^p(n) S3 

expenses,  how  paid,  1907,  I,  i6(n) 55 

explanations,  commission  may  ask  either  party  for,  1907,  I,  ^^(n) SO 

inquiry  convention  determines  language,  place   of  meeting,  etc.,   1907,   I,  /o(n) 46 

determines    facts,    method    of    forming    commission,    and    powers    of    commissioners, 

1907,     I,     /o(m) 46 

languages   are   determined  by  commission  if  inquiry  convention   fails  to   specify,    1907, 

I,    ii(n)     47 

meetings  not  public  nor  are  minutes  published,  1907,  I,  5i(n) S3 

ordinarily  held  at  The  Hague,  1907,  I,  //(n) 47 

may  be  held  elsewhere  to  secure  information,  1907,  I,  ^o(n) 49 

or  with  consent  of  parties,   1907,  I,  /J(n) 47 

notices  shall  be  served  by  powers  in  whose  territory  service  is  desired,  1907,  I,  ^^(n) . .  51 

parties  agree  to  furnish  evidence,  1899,  I,  12;  1907,  I,  ^5(n) 50 

parties  may  have  agents  or  counsel,  1907,  I,  /^(n) 48 

parties  must  both  be  heard,  1907,  I,  jpCn) 49 

parties  must  communicate  statement  of  facts  to  each  other,  1907,  I,  /9(n) 49 

registry,  functions   of,    1907,    I,   J6(n) 48 

registry,  international  bureau   acts  as,   1907,    I,   J5(n) 48 

report  is  limited  to  statement  of  facts,  1899,  I,  14;  1907,  I,  J3 54 

report  is  not  arbitral  award,  1899,  I,  14;  1907,  I,  55 54 

report  is  read  in  public  and  copy  given  to  each  party,  1907,  I,  J4(n) 54 

report  is  signed  by  all  members  of  commission,   1907,  I,  jj(n) 54 

if  one  member  refuses  to  sign  note  is  made  thereof,  1907,  I,  Ji(n) 54 

report  is  submitted  to  conflicting  powers,  1899,  I,  /j 54 

rules,   1907,  I,  //(n) 49 

if  not  determined  by  inquiry  convention  shall  be  settled  by  commission,  1907,  I,  i5(n)  49 

termination  of  hearing,  1907,  I,  5^(n) 54 

vacancy,  mode  of  filling,   1907,   I,  /j(n) 47 

witnesses,  examination  of,  1907,  I,  ^6(n) 52 

may  use  notes,  but  may  not  read  draft,  1907,  I,  27(n) 52 

must   sign   testimony,    1907,    I,   ^S(n) S3 

summoning    and   hearing,    1907,    I,   ^i(n) 51 

International  lavr 

its  principles  resultant  from  usages  established  between  nations,  from  laws  of  humanity 

and  requirements  of  public  conscience,   1899,  II,  p;    1907,   IV,  p 102 

International  prize  court.     See  also  Additional  protocol. 

convention  relative  to  the  creation  of  an,  1907,  XII  (see  also  the  marginal  notes) 188 

constitution,    1907,    XII,    10-27 191-195 

administrative  council  fulfils  same  functions  as  for  permanent  arbitration  court,  XII,  22.  194 

assessor,  belligerent  captor  or  interested  neutral  may  appoint  naval  officer  as,  XII,  iS.  193 

attorneys  for  private  individuals,  who  may  act  as,  XII,  26 195 

international  bureau  acts  as  registry  for,  XII,  2i 194 

judges,    XII,    10-20     191-193 

contracting  powers  appoint  deputy  judges  and,  XII,  jo 191 

compensation   of,    XII,    20 193 

have   diplomatic   immunities,   XII,  13 192 

if   judge   is    absent,    deputy   judge   sits,    XII,    14 192 

in  case  its  judge  is   not  sitting  when  case  comes  up  belligerent   may  ask  to  have 

him   admitted,    XII,    16 193 

may  also  be  judges  of  judicial  arbitration  court,   1907,  d,   16 35 

method   of   ranking,   XII,   12 192 

of  seating,   XII,   15 192 


INDEX-DIGEST  285 


Page 

must  take  oath,  XII,  13 192 

no  judge  can  serve  any  party  in  any  capacity,  XII,  17 193 

no  judge  can  sit  who  took  part  in  lower  decision,  XII,  17 193 

permanent   judges,   XII,   15 192 

serve  six  years  and  may  be  reappointed,  XII,  // 191 

several  countries  may  appoint  same,  XII,  75 192 

there  are  in  the  court  fifteen,  XII,  14 192 

language  is   determined  by  court,  but  official   language  of   national   court   giving   first 

decision  may  be  used,   XII,  24 194 

method  of  electing  officers,  XII,  19 193 

notices  to  be  served  are  served  by  government  on  whose  territory  service  is  necessary 

and  at  request  of  court,  XII,  27 195 

parties  may  appoint  agents  and  counsel,  XII,  25 194 

quorum,   how   constituted,    XII,   r4 192 

sits  at  The  Hague,  and  can  not  change  without  consent  of  parties,   XII,  21 194 

table  of  judges  and  deputy  judges,   XII,  15 192 

vacancy,  how  filled,  XII,  11 191 

general    provisions,    XII,    /-p 188-191 

basis  of  appeal  against  national  prize  court,  XII,  3 189 

if  capture  is  adjudged  invalid,  international  court  may  order  restitution  or  damages, 

XII,  8   191 

if  capture  is  adjudged  valid,  vessel  is  disposed  of  according  to  law  of  captor,  XII,  S. .    191 
if  national  court  adjudged  capture  null,   international  court   can   only   decide  as   to 

damages,   XII,  8 191 

if  national   courts    do   not   decide  case  in   two   years,   case   may   go   direct   to   inter- 
national  court,    XII,   6 190 

if  no  international  law  applies,  general  justice  and  equity  rule,  XII,  7 190 

if  prize  violated  law  of  captor,  court  shall  enforce  law  unless  unjust,  XII,  7 190 

if  treaty  is  in  force,  it  shall  govern,  XII,  7 190 

if  treaty  is  not  in  force,  international  law  applies,  XII,  7 190 

judgment   of   belligerent   captor    is    notified    to    belligerent   or    neutral    parties    inter- 
ested,   XII,    2 189 

judgment   of   national   may   be  brought   before    international   court   in   certain   cases, 

XII,  3    189 

jurisdiction  is  exercised  in  first  instance  by  captor,  XII,  2 189 

method  of  appeal  from  national  court  is  decided  by  local  law,  XII,  6 190 

national  courts  can  deal  only  in  two  instances  with  case,   XII,  6 190 

signatory  powers  agree  to  submit  to   decisions   of  international  court,   XII,  p 191 

validity  of  capture  of  merchant  ship,  determination  of,   XII,  i 188 

who  may  appeal  to  international  court,  XII,  4,  5 189,  190 

procedure 

appeal  before  national  court  must  be  transmitted  to  international  court,  XII,  29.  . . .    195 

appeal  by  neutral  individual  is  notified  to  his  government,  XII,  29 196 

copy  is  sent  to  respondent,  XII,  32 196 

may  be  by  telegram,   XII,  28 195 

must  be  made  in  national  court  or  before  international  bureau,  XII,  28 195 

must  be  made  within  120  days,  XII,  28 195 

not  made  within  time  is  rejected  except  in  case  of  force  majeure,  XII,  31 196 

of  other  parties,  XII,  33 196 

to  international  bureau  is  notified  to  national  court,  XII,  29 195 

without  national  court  decision  must  go  direct  to  international  bureau,  XII,  30.  .  .  .    196 

court   may    propose   modifications    in    present    convention,    XII,    50 200 

will  proceed  without  party  who  fails  to  appear  or  comply  with  regulations,  XII,  40.    198 

decision  and  record  of  case  are  sent  to  national  court,  XII,  45 198 

is   arrived   at  in   private  with   secret  proceedings,   XII,   43 198 

must  give  reasons  and  be  signed  by  judges  and  president  and  registrar,  XII,  44...    198 
must  take  into  account  all  facts,  evidence  and  oral  statements,  XII,  42 198 


286  INDEX-DIGEST 

Page 

made  by  majority  of  judges  present,  XII,  43 198 

decrees  made  in  absence  of  a  party  are  notified  to  it,  XII,  41 198 

delegation  performs  duties  of  court  when  latter  is  not  sitting,  XII,  48 199 

discussions  are  controlled  by  president,   XII,  38 197 

are  public,  subject  to  contrary  request  of  a  litigant,  XII,  39 198 

oral,    XII,    34    1^7 

expenses  of  court,  general,  how  borne,   XII,  47 199 

of  trial,  how  borne,   XII,   46 199 

judge  appointed  by  a  belligerent  can  not  preside,  XII,  38 197 

parties  are  summoned  for  every  stage  of  proceedings,  XII,  37 197 

receive  certified  copies  of  the  minutes,  XII,  37 197 

pleadings,     XII,     34 197 

procedure,  court  draws  up  its  own  rules  of,  XII,  49 199 

sentence  pronounced  in  public  sitting,   XII,   45 198 

sitting,  public,   XII,  35 197 

supplementary    evidence,    XII,    36 197 

Internment 

belligerent  war-ships  in  neutral  ports,  1907,  XIII,  24 214 

officers  may  be  released  on  parole  by  neutral  state,  1899,  Ila,  57;   1907,  V,  11 127,  135 

prisoners  of  war,   1899,  Ila,  5;   1907,  IVa,  5(m) 108 

in  neutral  territory,   1907,  V,  13 135 

prize  crew  of  prize  captured  in  neutral  waters,  1907,  XIII,  3 210 

troops  may  be  guarded  in  camps  or  fortified  places,  1899,  Ila,  57;  1907,  V,  11 127,  135 

troops  shall  be  maintained  by   neutral  in   default  of  special   agreement,   1899,   Ila,   58; 

1907,    V,     12 128.  135 

belligerent    shall    reimburse    neutral    at    conclusion    of    peace,    1899,    Ila,    58;    1907, 

V,    13    128,  135 

wounded  and  sick  interned  in  neutral  territory,  1899,  Ila,  59;  1907,  V,  14 128,  135 

application  of  Geneva  Convention,  1899,  Ila,  60;  1907,  V,  15 129,  136 

landed   at   neutral   port,    1907,    X,   Z5(n) 171 

expenses  to  be  borne  by  government  of  wounded,  1907,  X,  /5(*^) 1^1 

Invasion.     See  Occupied  territory. 

Inviolability 

of  bearer  of  the  flag  of  truce,  1899,  Ila,  32;   1907,  IVa,  32 119 

unless  he  incites  to  treason,  1899,  Ila,  34;  1907,  IVa,  34 120 

of  bugler,  drummer  and  interpreter  accompanying  parlementaire,   1899,   Ila,   32;    1907, 

IVa,   3^    120 

of  neutral  territory,  1907,  V,  i,  2 133 

postal  correspondence  on  neutral  or  enemy  ship,  unless  intended  for  blockaded  port  in 

violation  of  blockade,   1907,   XI,    i 182 

of  trumpeter  accompanying  flag  of  truce,   1899,   Ila,  32;   1907,   IVa,  32 120 

Irregrular  troops 

conditions  of  possessing  belligerent  rights,  1899,  Ila,  /,  2;   1907,   IVa,  /,  ^(m) 107 

Italy 

delegates  to  first  and  second  conferences 14 

ratifications    and    dates   thereof    231 

signatory   of    1910    additional    protocol 208 

Japan 

delegates  to  first  and  second  conferences IS 

ratifications  and    dates    thereof 231,  236,  237 

reservations  to    1907    Convention    1 86,240,241 


INDEX-DIGEST  287 

Page 

to    1907    Convention    IV 132,250,251 

1907    Convention   IX    162,  254,  255 

1907    Convention    XIII    218,258,259 

signatory   of    1910   additional   protocol 208 

Jndges.     See  Arbitration  procedure;   International  prize  court;  Arbitration  court, 
judicial;  Arbitration,  permanent  court. 

Judicial  arbitration  court.     See  Arbitration  court,  judicial. 

Korea 

adhesions  and  dates  thereof   231 

Land  forces 

instructions  to  be  issued  to,  1907,  IV,  i 102 

I<and  warfare.     See  War  on  land. 

Liegral  rights  and  actions 

of  nationals   of  belligerents,   1907,  IVa,   2j(n) 117 

Lievee  en  masse  to  resist  invader 

regarded  as  belligerents,  1899,  Ila,  ^;   1907,  IVa,  2 107 

conditions  required,  1899,  Ila,  z;   1907,  IVa,  ^(m) 107 

liiability 

of  belligerent  party  violating  Regulations  for  war  on  land,  1907,  IV,  j(n) 103 

I<lberia 

adhesions   and   dates   thereof    236,  237 

Liimitation 

of  armaments  and  war  budgets 

vceu   concerning,    1899,    f 29 

of  military  charges 

resolutions   concerning,    1899,   f;    1907,   f 28 

lioans 

to  belligerents  by  neutral  persons,  1907,  V,  i8 136 

Liuxembnrsr 

delegates  to  first  and  second  conferences 15 

ratifications  and   dates   thereof    231,  236,  237 

Mail  ship,  neutral.     See  also  Postal  correspondence. 

can   be   searched   only   if   absolutely   necessary   and   then   with   great   expedition,    1907, 

XI,    2    183 

Maintenance. 

of  interned  troops,  1907,  V,  I2 135 

of  prisoners  of  war,  1899,  Ila,  7;  1907,  IVa,  7 109 

Maritime  war.     See  Naval  war. 

Means  of  injuring:  the  enemy 

aircraft,  projectiles  and  explosives  discharged  from,  1907,  XIV;  1907,   IVa,  2$ 220,117 

confiscation  of  private  property,  1899,  Ila,  46;   1907,  IVa,  46 123 


288  INDEX-DIGEST 

Page 

forbidden,    arms,    projectiles,   etc.,    causing   unnecessary   injury,    1899,    Ila,   z^e;    1907, 

IVa,    sze 116 

assassination   of  individuals   of   hostile   army   or   nation,    1899,   Ila,  zsh;    1907,   IVa, 

23h     116 

bullets  which  expand  in  human  body,  1899,   Ila,  2ie;   1907,  IVa,  z^  e 116 

contamination  of  water,  etc.,   1899,  Ila,  zs  a;   1907,  IVa,  2S  a 116 

distinctive  badges  and  emblems,  improper  use  of,  1899,  Ila,  23  f\   1907,  IV,  23  f . . . .  116 

flag  of  enemy,  improper  use  of,  1899,  Ila,  23  f;  1907,  IVa,  23  f 116 

truce,  improper  use  of,   1899,  Ila,  23  f;   1907,  IVa,  23  f 116 

red  cross,  improper  use  of,  1899,  Ila,  23  f;   1907,  IVa,  23  f 116 

insignia  and  uniform  of  enemy,  improper  use  of,   1899,  Ila,  23  f;  1907,  IVa,  23/....  116 

killing  or  wounding  enemy  who  has  surrendered,  1899,  Ila,  23c;  1907,  IVa,  23c....  116 

pillage,  1899,  Ila,  28,  47;  1907,  IVa,  28,  47 118,  123 

poison  and  poisoned  weapons,  1899,  Ila,  23  a;   1907,  IVa,  23  a 116 

projectiles,  arms,  etc.,  causing  unnecessary  injury,   1899,  Ila,  23  e\   1907,  IVa,  23  e . .  116 

diffusing  asphyxiating  gases,  etc.,   1899,   Ila,  23a;    1907,   IVa,  23a 116 

to    compel    hostile    nationals    to    take    part    in    military    operations,    etc.,    1907,    IVa, 

23  h(n)     117 

to  declare  no  quarter  will  be  given,  1899,  Ila,  23  d;   1907,  IVa,  23  d 116 

treacherous  killing  or  wounding  of  individuals,  1899,  Ila,  23  b;  1907,  IVa,  23  b 116 

limited,   1899,   Ila,  22;   1907,   IVa,  22 116 

projectiles  and  explosives  discharged  from  balloons,  etc.,  1907,  XIV;  1907,  IVa,  ^^..220,  117 
ruses    and    measures    necessary    for    obtaining   information    permissible,    1899,    Ila,    24; 

1907,   IVa,  24    117 

Mediation  and  grood  oiBces 

before  appeal  to  arms  powers  agree  to  have  recourse  to,  1899,  I,  2;  1907,  I,  2(m) 43 

do  not  interfere  with  preparation  for  war,   1899,  I,  7;   1907,  I,  7 44 

do  not  interrupt  war,  1899,  I,  7;  1907,  I,  7 44 

during  hostilities   powers  strangers  to  suit  may  offer  good  offices  or   mediation,   1899, 

I,  3;   1907,  I,  3(m) 43 

have  exclusively  the  character  of  advice,  1899,  I,  6;   1907,   I,  6 44 

mediator  shall  reconcile  opposing  claims,  1899,  I,  4;   1907,   I,  4 44 

mediator's    functions    shall    cease   when    it    or    one    of    the    disputants    announces    non- 
acceptance  of  mediation,  1899,  I,  5;   1907,  I,  5 44 

not  unfriendly  act,  1899,  I,  3;  1907,  I,  j(m) 43 

special  mediation,  method  of,  1899,  I,  8;   1907,  I,  S(m) 45 

Medical  staff  of  captured  vessel 

inviolability,   1899,   III,  7;    1907,   X,   10 169 

may  remain  with  boat,  1899,  III,  7;   1907,  X,  10 169 

may  remove  private  property  when  they  leave,   1899,  III,  7;   1907,  X,  10 169 

salary  after  capture,  1899,  III,  7;  1907,  X,  Jo(m) 169 

Merctiant  ships,  enemy 

at  outbreak  of  hostilities,  convention  respecting,  1907,  VI 141 

enemy  cargo  thereon  is  detained  under  certain  conditions,   1907,  VI,   4 142 

ignorant  of  war,  entering  enemy  port,  should  be  allowed  to  depart,   1907,  VI,  i....  141 

in  enemy  port  at  outbreak  of  hostilities  should  be  allowed  to  depart,  1907,  VI,  /. . . .  141 

intended  for  conversion  into  war-ships,  not  covered  by  1907,  VI,  1907,  VI,  5 142 

on   high    seas   and   ignorant   of   war,    may   be   detained,    destroyed,    or    requisitioned, 

upon  payment  of  compensation,   1907,  VI,  3 142 

unable  to  leave  the  enemy  port  within  the  time  limit  can  not  be  confiscated,   1907, 

VI,    2    141 

unable  to  leave  the  enemy  port   within  the   time  limit  may  be   detained,   subject   to 

restoration,  or  requisitioned  and  paid  for,  1907,  VI,  2 141 

restrictions  with   regard  to  capture  of,  convention  respecting,    1907,   XI 18' 

crew  are  not  made  prisoners  of  war,  when  nationals  of  neutral  state,  1907,  XI,  5..  183 


INDEX-DIGEST  289 

Page 

fishing  vessels  and  boats  in  local  trade  exempt  from  capture,  1907,  XI,  3 183 

nor  when  nationals  of  enemy  state,  if  they  agree  not  to  aid  in  operations   of  war, 

1907,    XI,    6    184 

officers  are  not  made  prisoners  of  war  when  nationals  of  neutral  state  and  promise 

not  to  serve  on  enemy  vessel,   1907,  XI,  j 183 

the  names  of  those  officers  and  members  of  the  crew  agreeing  not  to  take  part  are 

notified   to  belligerent  who  must  not  employ   them,    1907,   XI,  7 184 

vessels  on  religious,  scientific  or  philanthropic  missions  exempt,    1907,   XI,  s 183 

when  vessels  take  part  in  hostilities,  rules  as  to  crew  do  not  apply,  1907,  XI,  8....  184 

conversion  into  war-ships,  convention  respecting,   1907,  VII 146 

crew  must  be  under   military   discipline,    1907,   VII,   4 147 

master  must  be  duly  commissioned,  1907,  VII,  3 146 

must  be  under  control  of  power  whose  flag  it  flies,  1907,  VII,  i 146 

must  observe  laws  and  customs  of  war,  1907,  VII,  5 147 

must   show  marks  of  nationality,    1907,  VII,  2 146 

Merchant  ships,  neutral 

having  wounded  of  belligerent  on  board,  1899,  III,  6;  1907,  X,  9(m) 168 

Mexico 

delegates  to  first  and  second  conferences 15 

ratifications    and    dates    thereof 231,  236,  237 

signatory  of  1910    additional  protocol *. 208 

Military  interests 

limitation  upon  duty  to  search   for  shipwrecked  or  wounded  after  engagements,   1907, 

X,    /6(n)     171 

or  to  protect  them  against  pillage  or  maltreatment,  1907,  X,  i6(n) 171 

Military  necessity 

destruction  of  enemy's  property,  1899,  Ila,  23  g;  1907,  IVa,  23  g 116 

guides,  impressment  of,  1899,  Ila,  24,  44;   1907,  IVa,  23,  24,  44 117,  123 

information  of  enemy  and  country,  1899,  Ila,  24;   1907,  IVa,  24 117 

limitation  upon  notification  of  mine  zones,   1907,  VIII,  3 152 

limitation  upon  removal  of  evils  of  war,  1899,  II,  p;   1907,  IV,  p 101 

ruses  of  war,  1899,  Ila,  24;  1907,  IVa,  24 117 

submarine  cables,  seizure  of,  etc.,   1907,  IVa,  54(n) 126 

taxes  in  occupied  territory,   1899,   Ila,  49;   1907,  IVa,  4P 124 

use  of  sick  wards  and  their  material  for  other  purposes,  1907,  X,  7(n) 168 

requisitions  in  occupied  territory,  1899,  Ila,  52;   1907,  IVa,  52 12S 

Military  occupation.     See  Occnpied  territory. 

Mines,  submarine,  automatic  contact 

convention  relative  to  laying,  1907,  VIII  (see  also  the  marginal  notes) 151 

denunciation,    method    of,    1907,    // 154 

duration,    1907,    // 154 

reservation   by   Dominican   Republic 156 

by    France    156 

by    Germany    156 

by    Great    Britain    156 

by   Siam    156 

by   Turkey    156 

signatory,   ratifying   and   adhering   powers 155 

time   of   taking   effect,    1907,    to 153 

torpedoes,  rule  of  convention  respecting,   1907,   / 151 

bombardment  of  places  protected  solely  by,   1907,  IX,  i 157 


290  INDEX-DIGEST 

Page 

life  of  anchored  and  unanchored  mines,   1907,  VIII,  i,  3,  6 151,152 

commercial   shipping,    1907,   VIII,   2 151 

notification   of   danger   zone,    1907,   VIII,  3,   4 152 

perfected  mines,   adoption,   1907,  VIII,  6 152 

neutral    obligations,    1907,    VIII,    4 152 

removal,     1907,    VIII,    5 152 

question  to  be  reopened,  1907,  VIII,  12 154 

Monroe  Doctrine 

reservations  of  United  States  to,  1899,  I,  and  1907,  1 84,  87 

Montenegro 

delegates   to   first  and   second  conferences 16 

ratifications    and    dates    thereof 231 

reservation    to    1907    Convention    IV 132,250 

Monuments,  historic 

destruction,  etc.,  of,  forbidden,  1899,  Ila,  56;  1907,  IVa,  56 127 

protection  to  be  given  during  bombardment,  1907,  IVa,  27 llg 

visible  signs  to  mark,   1907,   IVa,  27 118 

Municipalities 

property  of,  treated  as  private  property,  1899,  Ila,  56;  1907,  IVa,  56 127 

Munitions  of  war 

convoys  of,  in   neutral  territory,   1907,  V,  2 133 

duty  of  neutral  power,   1907,  V,  7;    1907,   XIII,  6,  7 134,210,211 

rule  as  to  seizure  of,  1899,  Ila,  S3\  1907,  IVa,  53 126 

Naval  gruns  and  rifles 
vaw   concerning,    1899  f    29 

Naval  war 

convention  concerning  the  rights  and  duties  of  neutral  powers  in,   1907,  XIII 209 

convention  relative  to  certain  restrictions  with  regard  to  the  exercise  of  right  of  capture 

in,    1907,   XI    182 

conventions   for   the  adaptation   of  the   principles   of  the   Geneva   Convention   to,   1899, 

III;    1907,   X    163 

van   concerning   private   property   in,    1899  f 29 

vau  concerning  laws  and  customs  in,  1907  f 29 

Netherlands 

delegates  to   first   and   second   conferences 17 

ratifications    and    dates    thereof 231,  238,  239 

signatory   of    1910   additional   protocol 208 

Neutral  persons 

acts  forfeiting  rights  as  neutral,   1907,  V,  17 136 

acts  not  forfeiting  rights  as  neutrals,  1907,  V,  78 136 

nationals  of  neutral  states  considered  as,   1907,  V,  16 136 

furnishing  supplies  or  loans  to  belligerents,   1907,   V,  j5 136 

owning  railway  material  requisitioned  by  belligerent,   1899,  Ila,  54;   1907,  V,  /p....  126,  137 

services  in  police  or  civil  administraton  of  belligerent  state,  1907,  V,  j5 136 

status  when  crew  of  enemy  merchantman,  1907,  XI,  5 183 

Neutral  ports  and  waters 

belligerent  war-ships,  number  allowed  in,  1907,  XIII,  75 212 

can  not  increase  armament,  crew,  or  war  material  in,  1907,  XIII,  75 213 


INDEX-DIGEST  291 

Page 
may    on    account    of    damage    or   stress    of   weather,    remain    longer   than    24    hours, 

1907,    XIII,   14    212 

may,  under  certain  conditions,  take  fuel,  1907,  XIII,  rp 213 

must  take  only  sufficient  supplies  to  bring  them  to  peace  standard,  1907,  XIII,  ig>....  213 

twenty-four-hour  rule  of  stay,  1907,  XIII,  li 211 

twenty-four-hour  rule  of  departure,   1907,  XIII,  i6 212 

can  not  be  used  as  base  of  naval  operations,  1907,  XIII,  5 210 

pending  decision  of  prize  court  prize  may  be  brought  into,   1907,   XIII,  ^j 214 

prize,  if  not  under  1907,  XIII,  2r,  must  be  released  when  brought  into,  1907,  XIII,  23..  214 

prize  must  be  liberated  and  prize  crew  interned  if  captured  in,  1907,  XIII,  3 210 

under  certain  conditions  prize  may  be  brought  into,   1907,  XIII,  21 213 

war-ship  of  belligerent  can  not  coal  twice  within  three  months  in  port  of  same  neutral, 

1907,    XIII,   20    213 

Neutral    powers.      See    also     under    Internment;      Prisoners    of    war;      Sick    and 
WoHnded. 

in  general 

if  aware  of  war,  can  not  plead  lack  of  formal  notice,  1907,  III,  2 96 

laying  submarine  mines  must  observe  same  rules  as  belligerents,   1907,  VIIT,  4 152 

war  must  be  notified  to,   1907,   III,  ^ 96 

their  nationals  are  neutrals,  1907,  V,  16 136 

rights  and   duties;   vcru  concerning,    1899,  f 29 

in  naval  war.     See  also  Neutral  ports  and  waters. 

their  sovereign  rights  must  be  respected  by  belligerents,   1907,  XIII,  1 210 

can  not  supply  ammunition,  war  material  of  any  kind  to  belligerents,  1907,  XIII,  (5..   210 

may  allow  belligerent  war-ships  to  use  neutral  pilots,   1907,  XIII,  11 211 

may  forbid  belligerent  who  has  violated  laws  regarding  neutral  ports  from   entering 

neutral   waters,    1907,    XIII,   p 211 

may  use  such  means  as  they  deem  best  to  enforce  laws  of  neutrality,  1907,  XIII,  25. .   214 
must    not    allow    belligerent    war-ships    to    remain    in    neutral    harbor    more    than    24 

hours,    1907,    XIII,    I2 211 

must  notify  belligerent  war-ship  to  leave  within  24  hours,  1907,  XIII,  13 212 

must    prevent    belligerent    war-ship    from    making    more    than    necessary    repairs    in 

neutral   harbor,    1907,    XIII,    // 213 

must  prevent  fitting  out  or  departure  of  vessel  to  aid  belligerent,  1907,  XIII,  5 211 

must  treat  belligerents  impartially,  1907,  XIII,  9 211 

not  bound  to  prevent  export  or   transport  of   things  useful   to   army   or  fleet,    1907, 

XIII,  7    211 

using   rights   secured   to   them   by    1907,    XIII,    are   not   committing   unfriendly   acts, 

1907,    XIII,    26 215 

in  war  on  land.     See  also  Neutral  territory. 

convention  respecting  the  rights  and  duties  of,  1907,  V 133 

can  resist   by  force   attempts   to  violate   neutrally,   and  this  is  not  hostile  act,    1907, 

V,    10     135 

may  use  belligerent  railway  material  to  certain  extent,   1907,  V,  19 137 

must  treat  belligerents   impartially,    1907,  V,  9;    1907,  XIII,  9 134,211 

need  not  forbid  use  of  telegraph  or  telephone  cables,  public  or  private,  to  belligerent, 

1907,     V,    8 134 

need   not   prevent   export  and   transport   of  arms,   etc.,  which   might    aid  belligerent, 

1907,    V,    7 134 

not    responsible    if    persons    cross    the    frontier    singly   to    go    into    belligerent    army, 

1907,    V,   <5 134 

receiving  troops  of  belligerent  must  intern  them,  1899,  Ila,  57;  1907,  V,  // 127,  135 

retention   of  belligerent's   railway   material,    1907,   V,   19 137 

compensation   therefor,    1907,   V,   19 137 

3feutral  territory 

inviolable,   1907,  V,  i    133 

cables  and  telegraphs;  use  of  by  belligerents,  1907,  V,  3,  5,  8,  9 133,134 


292  INDEX-DIGEST 

Page 

violations  of  neutrality  on;  prevention  and  punishment,  1907,  V,  5 134 

munitions  of  war  or  troops  can  not  be  moved  across,  1907,  V,  z,  5 133,  134 

prize  court  can  not  be  set  up  in  neutral  waters  or  on,  1907,  XIII,  4 210 

troops  can  not  be  formed  or  recruited  on,  1907,  V,  4,  5 134 

News 

appliances  for,  rule  as  to  seizure  of,  1907,  IVa,  53 126 

Newspaper  correspondents 

status  of,   1899,  Ila,  13;   1907,  IVa,  13 112 

Nicaragua 

adhesions    and    dates    thereof 231,  238,  239 

delegates   to    second  conference 16 

reservation    to    1907    Convention    II 94,247 

Non-combatant  s 

as  part  of  armed  forces,  1899,  Ila,  3;   1907,  IVa,  3 108 

as  prisoners  of  war,   1899,  Ila,  3;   1907,  IVa,  3 108 

Norway.     See  also  Sweden  and  Norway. 

delegates  to   second   conference 17 

ratifications    and    dates    thereof 231,  238,  239 

signatory   of    1910   additional   protocol 208 

Occupied   territory 

administration,   1899,  Ila,  ^,  43;   1907,  IVa,  4^,  43 122,  123 

allegiance  of  inhabitants,   1899,   Ila,  45;    1907,   IVa,  45 123 

assessment  of  taxes  by  occupant,  1899,  Ila,  48,  49,  51;  1907,  IVa,  48,  49,  51 124 

authority  over,  vested  in  whom,  1899,  Ila,  43;   1907,  IVa,  43 123 

contributions  and  requisitions,   1899,  Ila,  49,  51,  52;   1907,  IVa,  49,  51,  52 124,125 

crimes  committed  in,  jurisdiction  over,  1899,  Ila,  43;   1907,  IVa,  43 123 

family  honor  and  rights  to  be  respected,  1899,  Ila,  46;   1907,   IVa,  46 123 

forests,  use  of,    1899,  Ila,   55;    1907,   IVa,  55 126 

guides,  impressment  of,  1899,  Ila,  14,  44;  1907,  IVa,  23,  24,  44{ra) 117,123 

inhabitants  can  not  be   forced  to   give  information   of   own   army,   etc.,    1899,   Ila,   44; 

1907,    IVa,    44im)     123 

may  not  be  compelled  to  swear  allegiance  to  occupant,  1899,  Ila,  45;  1907,  IVa,  45..  123 

rights  and  duties  of,  1899,  Ila,  23,  45.  46;   1907,  IVa,  23,  45,  46 116,123 

services  which  may  be  demanded  of,   1899,  Ila,  52;   1907,  IVa,  52 125 

laws  in  force  to  be  respected,  etc.,   1899,  Ila,  43;   1907,  IVa,  43 123 

means  of  transportation,  public  and  private,  seizure,  etc.,  1899,  Ila,  53;  1907,  IVa,  53..  125 

military  government,    1899,   Ila,   43;    1907,   IVa,  43 123 

military  necessity,  destruction,  etc.,  of  state  property,   1899,  Ila,  23;   1907,  IVa,  23 116 

military  occupation,  defined,   1899,  Ila,  42;   1907,  IVa,  42 122 

newspapers,  censorship   over,   1907,   IVa,   5j(m) 125 

oath  of  allegiance  may  not  be  required  of  inhabitants,   1899,  Ila,  45;   1907,  IVa,  45 123 

occupant,  obligation  to  defray  expenses  of  administration,  1899,  Ila,  48;  1907,  IVa,  48..  124 

obligations  of,   1899,  Ila,  43;   1907,  IVa,  43 123 

officials,  salaries  of,  how  paid,   1899,  Ila,  48;   1907,  IVa,  48 124 

penalty  inflicted  on  population  on  account  of  acts  of  individuals,   1899,   Ila,  50;    1907, 

IVa,    50     124 

pillage  prohibited,  1899,   Ila,  47;    1907,  IVa,  47 123 

postal  service,  regulation  of,  1899,  Ila,  53;   1907,  IVa,  53 125 

press   correspondence,   censorship,    1907,    IVa,    5i(m) 125 

property,  private;  not  confiscable,  1899,  Ila,  46;  1907,  IVa,  46 123 

transportation    and    news    appliances,    and    war    material,    1899,    Ila,    53,    54;     1907, 

IVa,    5i(m),    54(n) 125,  126 


INDEX-DIGEST  293 

Page 

property,  state,  destruction,  etc.,  of,  1899,  Ila,  23,  S5',  1907,  IVa,  23,  55 116,  126 

susceptible  military  use,  seizure,  etc.,  1899,  Ila,  53;   1907,  IVa,  53 125 

railway  and  telegraphic  material,   1899,  Ila,  53;   1907,   IVa,  53 126 

real  property,  limitations  on  control,   1899,  Ila,  55;  1907,  IVa,  5S 126 

religious  practices,  etc.,  to  be  respected,  1899,  Ila,  46;   1907,  IVa,  46 123 

requisitions,    1899,   Ila,   52;    1907,   IVa,  52 125 

sovereignty  of,   1899,   Ila,  43;   1907,  IVa,  43 123 

submarine   cables,    1907,    IVa,   5i(m),    54(n) 126 

taxes,   dues,   and  tolls;   assessment,  collection  and  disbursement,   1899,   Ila,  48,   49,   51; 

1907,    IVa,    48,    49,    51 124 

imposed   for  benefit  of  the  state;   collection,  and  disbursement,   1899,   Ila,   48;    1907, 

IVa,   48   124 

Officers 

of  militia  and  volunteer  corps,  1899,  Ila,  i;  1907,  IVa,  i 107 

as  prisoners  of  war 

statement  of  rank,  if  questioned,  1899,  Ila,  9;  1907,  IVa,  p 110 

pay,   1899,   Ila,  /;;    1907,   IVa,  I7(m) 114 

parole,  1899.   Ila,  //;   1907,  IVa,  // Ill 

parole  when  interned  in  neutral  territory,  1907,  V,  11 135 

of  captured  enemy  merchant  ship 

when  nationals  of  neutral  state,   1907,  XI,  5 184 

when  nationals  of  enemy  state,  1907,  XI,  6 185 

Opening:  of  hostilities.     See  also  under  Merchant  ships,  enemy. 

convention   relative   to,    1907,   III 96 

ratifications    and   adhesions    98 

denunciation,   method   of,   7 98 

notice  to  enemy,   1907,   III,   1 96 

notice  to  neutral  powers,   1907,   III,   z 96 

Pacific  settlement  of  international  disputes.     See  also  Arbitration;  Mediation. 

convention  for,  1899,  I;  1907,  I,  texts 41 

ratifications,    adhesions    and    reservations 81 

conditions  of  adhesion,   1899,   I,  60;   1907,   I,   94 79 

denunciation,  method  of,   1899,  I,  6z;  1907,  I,  p6 80 

Panama 

adhesions    and    dates   thereof 231 

delegate  to  second  conference 17 

ratifications    and    dates    thereof 238,239 

signatory    of    1910    additional    protocol 208 

Paraguay 

adhesions  and  dates  thereof   232 

delegate  to  second  conference 17 

signatory   of   1910   additional   protocol 208 

Parlementaire 

abusing  privileges,    1899,  Ila,  33;    1907,   IVa,  33 120 

accompanied  by  whom,  1899,  Ila,  32;   1907,  IVa,  32 119 

commander  not  in  all  cases  obliged  to  receive,  1899,  Ila,  33;   1907,  IVa,  33 120 

definition,  1899,  Ila,  32;  1907,  IVa,  32 119 

detention  for  cause,  1899,  Ila,  33;   1907,  IVa,  33 120 

loss  of  inviolability,  1899,  Ila,  34;  1907,  IVa,  34 120 

rights  and  privileges,  1899,  Ila,  32;  1907,  IVa,  32 119 

treason  provoked  or  committed  by,  1899,  Ila,  34;  1907,  IVa,  34 120 


294  INDEX-DIGEST 

Parole  PaS« 

breach;  penalty,  1899,  Ila,  12;  1907,  IVa,  iz Ill 

duty  of  government  of  paroled  prisoner  of  war,  1899,  Ila,  lo;  1907,  IVa,  lo Ill 

officers  interned  by  neutrals,   1899,  Ila,  57\   1907,  V,  //;   1907,  XIII,  24 127,135,214 

prisoner  can  not  be  compelled  to  accept,  1899,  Ila,  11;  1907,  IVa,  // Ill 

not  entitled  to  parole,  1899,  Ila,  //;   1907,  IVa,  n Ill 

Passagre 

through  neutral  territory  of  goods  and  persons,  1907,  V,  14 135 

through  neutral  waters  by  belligerent  vessels,   1907,  XIII,  10 211 

Penalty 

for  violations  of  laws  of  war  by  state,  1907,  IV,  5 103 

for  individual  acts  of  inhabitants,  1899,  Ila,  50;   1907,  IVa,  50 124 

unjustifiable  adoption  of  naval  or  military  marks,   1907,  X,  2i{n) 173 

Permanent  administrative  council.    See  Admlnistratiye  council. 

Permanent  arbitration  court.     See  Arbitration,  permanent  court. 

Persia 

delegates  to  first  and  second  conferences 19 

ratifications    and    dates    thereof 232 

reservations   to   1907   Convention   X 181,256 

to  1907    Convention    XII    208,256 

1907    Convention    XIII    218,258 

signatory  of  1910  additional  protocol 208 

Peru 

adhesions    and    dates    thereof 232 

delegates  to  second  conference 19 

reservation   to    1907    Convention    JI 95,  248 

signatory   of    1910   additional   protocol 208 

Pillage 

laws  to  be  enacted  to  prevent,   1907,  X,  2i(ji) 173 

prohibition,    1899,   Ila,   47\    1907,   IVa,  47 123 

even  when  place  is  taken  by  storm,  1899,  Ila,  28;   1907,  IVa,  28;  1907,  IX,  7.... 118,  159 
protection  of  wounded,  sick,  shipwrecked,  and  dead  against,   1907,  X,  i6(n) 171 

Pilots,  neutral 

employment  by  belligerents  permitted,  1907,  XIII,  ii 211 

Plenipotentiaries  to  the  Hagfue  Conferences 

index   of   names    260 

Poison  or  poisoned  arms 

prohibition,   1899,   Ila,  23;   1907,  IVa,   23 116 

Portugal 

adhesion    and    date   thereof 232 

delegates  to  first  and  second  conferences 19 

ratifications    and    dates    thereof 238,  239 

signatory   of   1910    additional   protocol 208 

Postal  correspondence 

must  be  forwarded  as  soon  as  possible  if  ship  is  detained,  1907,  XI,  1 182 

on   neutral   or   enemy   ship   is   inviolable   unless   intended   for   blockaded   port   in   viola- 
tion of  blockade,  1907,  XI,  / 182 


INDEX-DIGEST  295 

Prestation.     See  Angrary.  Page 

Prisoners  of  war.     See  also  Information  bureau  regarding:  prisoners  of  war;  In- 
ternment ;  Parole. 

in  naval  war 

belligerents  shall  inform  each  other  of  changes  in  dead  and  wounded,  1907,  X,  /7(n)   171 
crew  of  enemy  merchant  ship,  when  nationals  of  neutral  state,  are  not  made,  1907, 

XI,    5    183 

crew,  nationals  of  enemy  state,  if  they  agree  not  to  aid  in  war,  are  not  made,  1907, 

XI,    6    184 

medical  staff  of  captured  ship  arc  not,   1899,   III,  7;   1907,  X,  10 169 

officers,  nationals  of  neutral  state,  if  they  promise  not  to  serve  on  enemy  vessel,  are 

not  made,    1907,  XI,  5 183 

religious  staff  of  captured  ship  are  not,  1899,  III,  7;   1907,  X,  10 169 

sick  and  wounded  in  hands  of  enemy  are,  1899,   III,  9;  1907,  X,  14 170 

in  war  on  land 

board,  lodging,  and  clothing,  1899,  Ila,  5,  7;  1907,  IVa,  5,  7;  1907,  V,  I2 108,109,135 

burial;  regard  to  grade  and  rank,  1899,  Ila,  /p;  1907,  IVa,  19 115 

civilians,  1899,   Ila,  /.?;   1907,  IVa,  13 112 

confinement,  when  authorized,   1899,  Ila,  5;   1907,  IVa,  5(m) 108 

where  authorized,  1899,  Ila,  5;   1907,  IVa,  5 108 

death   certificates,   1899,   Ila,   19;    1907,   IVa,   19 115 

entitled  to  what,  1899,   Ila,  7;   1907,   IVa,  7 109 

escaping  into  neutral  territory,  1907,  V,  is 135 

impost  duties  on  gifts,   1899,   Ila,   7(5;   1907,  IVa,  16 114 

insubordination,   how  dealt  with,    1899,   Ila,  8;    1907,  IVa,  5 110 

labor;  settlement  of  conditions,  1899,  Ila,  6;   1907,   IVa,  6(m) 109 

for  public  service,   1899,   Ila,  6;   1907,  IVa,  6 109 

for  private  service,   1899,   Ila,  6;   1907,   IVa,  6 109 

wages;  disposition,   1899,  Ila,  6;   1907,  IVa,  6 109 

laws,  regulations,  and  orders  to  which  subject,  1899,  Ila,  8;  1907,  IVa,  8 110 

maintenance,  who  is  charged  with,  1899,  Ila,  7;   1907,  IVa,  7;   1907,  V,  12 109,  135 

military  jurisdiction  over,  1899,  Ila,  4;   1907,  IVa,  4 108 

name  and  rank,  must  state,  when,  1899,  Ila,  9;   1907,  IVa,  9 110 

newspaper  reporters,  1899,  Ila,  13;   1907,  IVa,  13 112 

non-combatants  as,  1899,  Ila,  3;   1907,  IVa,  3 108 

officers'   pay,   1899,   Ila,   17;    1907,    IVa,   /7(m) 114 

postage  free,   1899,   Ila,  16;   1907,   IVa,  16 114 

property;   disposition,   1899,  Ila,  4;   1907,   IVa,  4 108 

questions  which  must  be  answered  truthfully,   1899,  Ila,  9;   1907,  IVa,  9 110 

recaptured  after  successful  escape,  1899,  Ila,  8;  1907,  IVa,  8 110 

relief  societies,   1899,  Ila,  15;   1907,   IVa,  15 113 

religious  freedom,  1899,  Ila,  18;  1907,  IVa,  18 114 

repatriation,  1899,  Ila,  so;   1907,  IVa,  20 115 

return  or  card   for,  1899,  Ila,  14;   1907,   IVa,   14 112 

sick  and  wounded,   1899,  Ila,  ^I;   1907,  IVa,  2i;   1907,  V,  14,  15 115,135,136 

subject  to  military  jurisdiction,   1899,  Ila,  4,  8;   1907,  IVa,  4,  8 108,110 

taken  into  neutral  territory,   1907,  V,  13 135 

treatment,   humane,    1899,    Ila,   4;    1907,   IVa,   4 108 

who  can  claim  status  of,  1899,  II,  13;   1907,  IVa,  13 112 

treated   as,   1899,   Ila,   3;    1907,   IVa,   3 108 

wills,   1899,   Ila,  19;    1907,  IVa,  19 US 

wounded  and  sick,  1899,  Ila,  21;   1907,  IVa,  2i;  1907,  V,  13,  14,  15 115,135,136 

Prize.     See  also  International  prize  court. 

brought  into  neutral  port,   1907,   XIII,  2i,  22 213,214 

captured  in  neutral  waters  must  be  liberated,  1907,  XIII,  3 210 


296  INDEX-DIGEST 

Prize  Court  Page 

international.     See   International  prize  court ;  Additional  protocol. 

national 

in  neutral  territory  or  waters,  1907,  XIII,  4 210 

when  decision  as  to  nullity  or  validity  of  capture  may  not  be  brought  before  inter- 
national   court     206 

basis  of  appeal  to  international  prize  court  from,  1907,  XII,  3 189 

can  deal  in  only  two  instances  with  case,   1907,   XII,  6 190 

decision  and  record  of  case  are  sent  from  international  prize  court  to,  1907,  XII,  45 

(amended  by  additional  protocol,  Article  7) 199,  207 

local    law    determines    method    of    appeal    to    international    prize   court     from,    1907, 

XII,    6     190 

Procedure,  arbitration.     See  Arbitration  procedure. 

Property- 
enemy's  appropriation  of,  1899,  Ila,  23,  53,  54;  1907,  IVa,  23,  53,  54 116,125,126 

destruction  of,  etc.,    1899,   Ila,  23;    1907,  IVa,   23 116 

military  necessity  affecting,   1899,  Ila,  23,  53,  54;   1907,  IVa,  23,  53,  54 116,125,126 

enemy's,  state,  real,  held  by  occupant,  rule  governing,   1899,  Ila,  55;   1907,  IVa,  SS----    126 

occupant,  acts  as  administrator,   1899,   Ila,  55;   1907,  IVa,  55 126 

municipal.   1899,   Ila,   55;    1907,    IVa,   56 127 

munitions  of  war,   1899,   IVa,  53;    1907,  IVa,  53 125 

of  prisoners  of  war,  1899,  Ila,  4;  1907,  IVa,  4 108 

of  hospital  staff  on  captured  vessel,  1899,  III,  7;  1907,  X,  10 169 

private;  classes  susceptible  direct  military  use,  1899,  Ila,  53,  54;  1907,  IVa,  53,  5-^.. 125,  126 

confiscation,  1899,  Ila,  46,  47,  56;  1907,  IVa,  46,  47,  56 123,127 

must  be  respected,   1899,   Ila,  46;   1907,   IVa,  46 123 

pillage  forbidden,   1899,  Ila,  28,  47;   1907,   IVa,  28,  47 118,123 

seizure,  1899,  Ila,  23  g,  53,  54;   1907,  IVa,  23  g,  53,  54 11<>,  125,  126 

susceptible  of  direct  military  use,  1899,  Ila,  53;   1907,  IVa,  53 125 

public,  movable;  military  use,  1899,  Ila,  53;   1907,  IVa,  55 125 

religious,    charitable,    educational,   art   and   scientific    institutions,    1899,    Ila,    56;    1907, 

IVa,    56    127 

requisitions,   1899,  Ila,  52;   1907,  IVa,  s^ 125 

state,  real,   1899,  Ila,  55;   1907,  IVa,  55 126 

usable  for  transmission  of  news,  1899,  Ila,  S3<  54>   1907,  IVa,  53,  54 125,126 

transportation  of  persons  and  things,  1899,  Ila,  53;  1907,  IVa,  53 125 

Quarter 

can  not  be  refused,  1899,  Ila,  23;  1907,  IVa,  23 116 

Railway  material 

enemy;  conditions  of  requisition,  1899,  Ila,  53;   1907,  IVa,  5j(m) 126 

from  neutral  states  in  occupied  territory,  1899,   Ila,  54;   1907,  V,  19 126,137 

Receipt 

shall  be  given  for  contribution,  1899,   Ila,  51;   1907,  IVa,  51 125 

supplies,   1899,  Ila,  52;   1907,  IVa,  52;   1907,  IX,  3 125,158 

Recommendation 

Third  peace  conference,   1907,  £ 29 

Recruiting; 

in  neutral  territory  by  belligerents  prohibited,  1907,  V,  4 134 

Red  cross.     See  also  Fla?. 

brassard,   misuse  forbidden,   1899,   Ila,  23;   1907,  IVa,  23 116 

reservation   of   Persia  respecting 181 

of    Turkey     181 


INDEX-DIGEST  297 

Belief   societies  Page 

for  prisoners  of  war,  1899,  Ila,  Z};  1907,  IVa,  15 113 

and  hospital  ships,   1899,  III,  ^,  3;   1907,   X,  3,  j(m) 164,  165 

BeIig:ion 

buildings  devoted  to,  destruction  of,  1899,  Ila,  56;  1907,  IVa,  56 127 

protection  to  be  given  to,  1899,  Ila,  ^7;   1907,  IVa,  ^7;   1907,  IX,  5 118,158 

signs  to  indicate,  1907,  IX,  5;  1899,  Ila,  27;   1907,   IVa,  ^7 158,118 

exercise  of,  by  prisoners  of  war,  1899,  Ila,  18;  1907,  IVa,  18 114 

military  occupant  must  respect,  1899,   Ila,  46;    1907,  IVa,  46 123 

religious  staff  on  captured  vessel  is  inviolable,  1899,  III,  7;  1907,  X,  10 169 

may  take  private  property  with  them,   1899,  III,  7;    1907,  X,  10 169 

salaries,  1899,  III,  7;   1907,  X,  jo(m) 169 

vessels  with  religious   mission,  exempt  from  capture,   1907,  XI,  4 183 

and  the  24-hour  rule,    1907,   XIII,  14 212 

I 
Bepairs.     See  under  War-ships,  belligerent. 

Bepatriation 

of  prisoners  of  war,  1899,  Ila,  io;  1907,  IVa,  20 115 

Beporters 

rights  as  prisoners  of  war,  1899,  Ila,  13;  1907,  IVa,  13 112 

Beprisals.     See  under  Penalty. 

Bequisition 

of  enemy  merchant  ship  on  high  seas  and  ignorant  of  war,  1907,  VI,  3 142 

of  enemy  merchant  ship  unable  to  leave  enemy  port  within  time  limit,  1907,  VI,  ^....   141 

should  be  authenticated  by  receipts,   1899,   Ila,  5^;   1907,   IVa,  52 125 

should  be   for   the   necessities  only   of  the  army,   1899,   Ila,  52;    1907,    IVa,  52;    1907, 

IX,    3    125,158 

should   be    in   proportion   to   resources   of   the   country,    1899,    Ila,    52;    1907,    IVa,   52; 

1907,    IX,    3 125,  158 

should  be  paid  for  in  cash  if  receipt  is  not  given,   1899,  Ila,  52;   1907,  IVa,  52;   1907, 

IX,    3    125,  158 

should  be  under  authority  of  commanding  officer,  1899,  Ila,  5^;  1907,  IVa,  52 125 

town  may  be  bombarded  for  refusal  of,   1907,  IX,  3 158 

Beservations 

to  1899  Conventions 

Germany,  to  Convention  III 178 

Great   Britain,  to  Convention   III 179 

Roumania,   to   Convention  I    82 

Servia,  to   Convention   I    83 

Turkey,   to   Conventions   I   and   III 83,179 

United   States,   to   Conventions   I   and  III 84,179 

to  1907   Conventions 

Argentine    Republic,    to    Conventions    II   and   V 92,140 

Austria-Hungary,    to    Convention    IV    131 

Bolivia,    to    Convention    II 93 

Brazil,    to    Convention    I    85 

Chile,  to  Conventions  I,   IX,  and   XII 86,162,208 

China,  to   Conventions    X   and   XIII 180,218 

Colombia,   to   Convention    II    93 

Cuba,    to    Convention    XII 208 

Dominican   Republic,  to   Conventions   II,  VIII,   and   XIII 93,156,218 

Ecuador,   to   Conventions    II   and   XII 93,  208 

France,  to  Conventions  VIII  and  IX 156,  162 


298  INDEX-DIGEST 

Page 

Germany,   to   Conventions,   IV,   VI,   VIII,   IX,   and   XIII 132,145,156,162,218 

Great  Britain,  to  Conventions  V,  VIII,  IX,  X,  and  XIII 140,156,162,181,218 

Greece,    to    Conventions    I    and    II 86,94 

Guatemala,   to   Conventions   II   and   XII 94,  208 

Haiti,  to   Convention   XII    208 

Japan,  to   Conventions   I,   IV.   IX,  and   XIII 86,132,162,218 

Montenegro,    to    Convention    IV    132 

Nicaragua,  to   Convention   II    94 

Persia,  to  Conventions  X,  XII,  and  XIII 181,208,218 

Peru,    to    Convention    II    95 

Roumania,  to  Convention  I   86 

Russia,    to    Conventions    IV   and    VI 132,145 

Salvador,   to   Conventions   II   and   XII 95,208 

Siam,   to   Conventions  VIII,   XII   and   XIII 156,208,218 

Switzerland,  to  Convention  I   and  Final  Act 40,  86 

Turkey,  to  Conventions  I,  IV,  VII,  VIII,  X,  XII,  and  XIII. 

86,  132,  ISO,  156,  181,208,218 

United   States,  to  Conventions   I,   II   and  XIII 87,95,219 

Uruguay,    to   Conventions   II   and   XII 95,208 

ReeoIntionB 

limitation  of  military  expenditure,  1899,  £;   1907,  f 28 

Ronmanfa 

delegates  to  first   and   second   conferences 20 

ratifications    and    dates    thereof 232,  238,  239 

reservation   to    1899   Convention   I    82,  233 

to    1907    Convention    I    86,240,241 

BuRes  of  war 
allowed,  1899,  Ila,  ^4;  1907,  IVa,  24 117 

Bassia 

delegates  to   first   and   second   conferences 20 

ratifications    and    dates    thereof 232,  238,  239 

reservation   to    1907    Convention   IV    132,250,251 

to    1907    Convention    VI 145,252,253 

Salvador 

adhesions    and    dates    thereof    232 

delegates  to   second   conference    21 

ratifications    and    dates    thereof 238,  239 

reservation    to    1907    Convention    II 95,248,249 

to    1907    Convention    XII 208,256 

signatory   of   1910   additional   protocol 208 

Sanitary  formations   and  establiebments.     See  also   Geneva   Convention;   Hospital 
ships. 

convoys  of  evacuation  in   neutral  territory,   1907,   V,  14 135 

medical    personnel,    captured,    pay    and    allowances    of,    1899,    Ila,    //,    18;    1907,    IVa, 

17,     18     114 

Scientific  purposes 

establishments  treated  as  private  property,  property  of,   1899,  ITa,   56;   1907,  IVa,  56...    127 
should  be   designated   and  protected   during  bombardment,    1899,   Ila,  27;    1907,   IVa, 

i7:     1907.    IX,    5 118,158 

vessels  exempt   from  capture,   1907,   XI,  4 183 

exempt  from  twenty-four-hour  rule,   1907,   XIII,   14 212 


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300  INDEX-DIGEST 

Special  mediation.     See  Mediation  and  srood  offices.  Page 

Spy 

defined,  1899,  Ila,  zg;  1907,  IVa,  29 118 

immunity  from  punishment  on  subsequent  capture,   1899,  Ila,  31;   1907,  IVa,  si 119 

must  be  tried  before  punishment,  1899,  Ila,  30;   1907,  IVa,  30 119 

soldier  not  wearing  disguise  in  enemy  zone  is  not  a,  Ila,  sg;    1907,   IVa,  2g 118 

Submarine  mines.     See  Mines. 

Supplies 

furnished  belligerents  by   neutrals,    1907,   V,  18 136 

shipment  of,  from  neutral  territory,  rule  governing,   1907,  V,  7 134 

Supplies  and  loans 
when   not  unneutral,   1907,   V,   18 136 

Surrender 

of  sick  and  wounded  by  hospital  ships,  1907,  X,  7^(n) 170 

wounding  or  killing  after,  1899,  Ila,  23;   1907,   IVa,  23 116 

Sutlers 

status  as  prisoners  of  war,  1899,  Ila,  13;  1907,  IVa,  13 112 

Sweden.    See  also  Sweden  and  Norway. 

delegates    to    second    conference 23 

ratifications    and    dates    thereof 232,  238,  239 

signatory  of  1910  additional  protocol 208 

Sweden  and  Norway.     See  also  Norway;   Sweden. 

delegates    to    first    conference 23 

ratifications    and    dates    thereof 231,  232 

Switzerland 

adhesion    and    date   thereof 232 

delegates  to  first  and  second  conferences 23 

ratifications    and    dates    thereof 232,  238,  239 

reservation   to    1907    Convention   1 86,240,241 

to  1907   Final   Act    40,  258 

signatory  of  1910  additional  protocol 208 

Taxes 

collection  in  territory  occupied  by  belligerent,   1899,  Ila,  48;   1907,   IVa,  48 124 

Telegraphs  and  telephones.     See  also  Cables. 

in  neutral  territory,   1907,  V,  8 134 

in  occupied  territory,   1899,   Ila,  53;   1907,  IVa,  53 125 

Theater  of  war 

armistice   settles   what   communications   may   be   held   with    inhabitants,    1899,    Ila,    39; 

1907,   IVa,  39   121 

Third  Peace  Conference 

recommendation  of   1907   as  to  date,  1907  f 29 

as  to  preparatory  committee,   1907  f 30 

program,    1907  f    30 

organization    and   procedure,    1907  f 30 

Three-months  rule 

respecting  fuel  supplies  in  neutral  ports,  1907,  XIII,  20 213 


INDEX-DIGEST  301 

Torpedoes  Page 

kinds  forbidden,  1907,  VIII,  1 151 

Transportation 

appliances  of  communication  and,  1899,  Ila,  ji,  sr,  1907,  IVa,  S3;  1907,  V,  /9..12S,  126,  137 

Treachery 

as  a  means  of  injuring  the  enemy,  1899,  Ila,  23h;   1907,  IVa,  s^b 116 

Treason 

provoked  or  committed  by  parlementaire,  1899,  Ila,  24\  1907,  IVa,  a 120 

Truce,  flag:  of.     See  also  Parlementaire. 

misuse  forbidden,  1899,  Ila,  2S;   1907,  IVa,  23 116 

Tnrkey 

delegates  to   first  and   second   conferences 24 

ratifications    and    dates    thereof 232 

reservation    to    1899    Convention    1 83,  234 

to    1899    Convention    III 179,234 

1907   Convention    I     86,  240 

1907   Convention     IV     132,  250 

1907  Convention    VII     150,  252 

1907   Convention    VIII    156,254 

1907   Convention     X     181,  254,  255 

1907   Convention    XII    208,  256 

1907  Convention    XIII    218,  258 

signatory  of   1910  additional  protocol 208 

Twenty-four-hour  rule 

military  hospital  ships  not  on  same  footing  as  war-ships,  1899,   III,  /;  1907,  X,  1 164 

respecting  belligerent  war-ships  in  neutral   ports,    1907,   XIII,   12,  11,  14,  16 211,212 

war-ships  devoted  to  religious,  etc.,   purposes    exempt,   1907,  XIII,  15 212 

Undefended  place 

bombardment  prohibited,   1899,  Ila,  25;   1907,   IVa,   25;   1907,   IX,  i 117,157 

eflfect  of  protection  by  automatic   submarine  mines,   1907,   IX,  i 157 

naval  bombardments  to  secure  requisitions,  1907,  IX,  j 158 

for   money   contributions   forbidden,    1907,    IX,    4 158 

Unfriendly  act 

neutral    power    using    rights    secured    to    it    by    1907,    XIII,    is    not    committing,    1907, 

XIII,    26     215 

offer  of  mediation  on  the  part  of  third  powers  is  not  an,   1899,  I,  3;   1907,  I,  ^(m)  .  .  .  .      43 
reminding   disputants    of   existence    of   arbitration   court,    is    not   an,    1899,    I,   27;    1907, 

I,  4S   61 

Uniforms 

of  enemy;  improper  use  forbidden,   1899,  Ila,  23  f;  1907,  IVa,  23  f 116 

of  prisoners  of  war,  1899,  Ila,  4;   1907,  IVa,  4 108 

United  States 

adhesion   and  date   thereof    238,  239 

delegates  to  first  and  second  conferences 2 

ratifications    and    dates    thereof    232,  238,  239 

reservation    to    1899    Convention    1 84,234 

to    1899    Convention    III    179,234 

1907   Convention    I     , 87,242,243 

1907  Convention    II    . ..  ^.....  . .  ...,. ,...95,  249 


302  INDEX-DIGEST  ^ 

Page 

1907  Convention   XIII    219,  259 

signatory  of  1910  additional  protocol 208 

Uruguay 

adhesions  and  dates  thereof 232 

delegates   to    second   conference 24 

reservations    to    1907    Convention   II    95,248 

to    1907    Convention    XII 208,256 

signatory   of    1910   additional   protocol 208 

Venezuela 

adhesions  and  dates  thereof 232 

delegate  to  second  conference 24 

Vessels 

seizure  of  public  and  private,  in  occupied  territory,  1899,  lla,  jj;  1907,  IVa,  5i(m)  . .   125 

Visit  and   searcli 

in  neutral  waters,   1907,  XIII,  2 210 

of  neutral  mail  ships,   1907,  XI,  2 183 

Voenx 

revision  of  Geneva  Convention,   1899,   f 28 

rights   and   duties   of   neutrals,    1 899,    f 29 

types  and  calibers  of  guns,   1899,   f 29 

limitation  of  armed  forces  and  war  budgets,  1899,  f 29 

private   property   in   naval   war,    1899,    f 29 

naval  bombardment  of  ports,  etc.,   1899,   f 30 

judicial    arbitration   court,    1907,   f 28,31 

maintenance  of  relations  between  belligerent  and   neutral  countries,    1907,   f 29 

military  charges  on  resident  aliens,   1907,   f 29 

laws  and  customs   of  naval   war,    1907,   f 29 

Volunteer  aid  societies.     See  Belief  aocieties. 

Volunteer  corps 

status,   1899,   Ila,  i\    1907,   IVa,   1 107 

VFar 

not  interrupted  by  mediation,  1899,  I,  7;  1907,  I,  7 44 

War  crimes.     See  under  Forbidden  acts. 

VTar  on  land.  See  also  Belligerents;  Prisoners  of  war;  Geneva  Convention; 
Means  of  injuring:  tlie  enemy;  Bombardment;  Spy;  Parlementaire;  Capitu- 
lation; Armistice;   Occupied  territory. 

laws  and  customs,  conventions,  1899,  II;   1907,  IV  (see  marginal  notes) 100 

signatory,  ratifying  and  adhering  Powers 129-131 

reservations    made    131,  132 

War  on  sea.     See  Naval  war. 

War-ships,  belllgrerent 

in  neutral  ports.     See  also  under  Internment. 

domestic   law   governing   to  be   notified   to    Powers,    1907,    XIII,  ZJ 21S 

increasing  armament,  crews,  or  war  material,    1907,   XIII,  /5 213 

number  present  at  one  time,   1907,  XIII,   15 212 

order  of  departure,    1907,   XIII,   16 212 


INDEX-DIGEST  303 

Page 

quantity  of  provisions  permitted,   1907,   XIII,  19 213 

repairs,   1907,   XIII,  17 213 

taking   on   fuel,   1907,   XIII,   19 213 

three-months   rule,    1907,    XIII,   ^0 213 

twenty-four-hour  interval  rule  as  to  departure  of  hostile  vessels,   1907,  XIII,  16....  212 

twenty-four-hour  stay  rule,    1907,   XIII,  i3,  13 211,212 

exceptions:  damage  or  stress  of  weather,   1907,   XIII,   14 212 

religious,  scientific  and   philanthropic  missions,   1907,   XIII,  14 212 

conversion  of  merchantmen  into;   convention   1907,   VII 146 

Wills 

of  prisoners  of  war,   1899,  Ila,  19;   1907,  IVa,  19 115 

Wireless  telegraplis 

seizure,  etc.,  rules   as  to,   1899,  Ila,  53;    1907,   IVa,   53 125 

Wounded.     See  Sick  and  wounded. 

Yaclits 

belligerents  may  appeal  to  them  to  take  sick  and  wounded,   1907,  X,  9(n) 168 

taking  on  wounded  or  sick  can  not  be  captured  therefor,  1899,  III,  6;  1907,  X,  9 168 

wounded    and    sick    on    board    mvist    be    handed    over    to    demanding   belligerent,    1907, 

X,  /^(n)    170 

Zone,  dangrer 

notification   by  belligerent   to   mariners  through   diplomatic  channel,    1907,   VIII,  3   (re 

mines)    152 


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